QP End Term April 2011 PDF

Hidayatullah National Law University, Raipur
End Term Examination, April - 2011

SEMESTER II
ECONOMICS [MAJOR]
RESEARCH METHODOLOGY IN ECONOMICS
Max. Marks: 40
Note: (i) Answer any FOUR questions.
Max. Time: 3:00 Hrs.

(ii) All questions carry equal marks.
1. What do you mean by Research? Describe the different steps involved in a

Research Process.
2. Distinguish between census & sample inquiry. Discuss in detail different
types of sampling designs.
3. Calculate Median and Mean Deviation from Median for the following
distribution:
Age
(Years)
No. of
Persons
1-5
6-10
11-15
16-20
21-25
26-30
31-35
36-40
41-45
10
16
32
24
18
10
4. What is Spearmans Rank Correlation? Find Karl Pearsons Coefficient of

correlation from the following data regarding height & weight of 10 persons:
Height 60
(Inches)
Weight 120
(LBS)
72
70
70
74
67
68
76
61
65
180
200
160
190
148
155
220
130
145
5. Write short notes on any 2 of the following:

a. Criteria of a good Research Design
b. Procedure for Hypothesis Testing
c. Methods of Collecting Data
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Roll No.
April 23, 2011

SEMESTER II
SOCIOLOGY [MAJOR]
Max. Marks: 40

1. Define Social Capital and analyze its importance in post modern human life.
2. Society has fragmented into many conflicting knowledges as metanarratives,
explain.
3. Postmodernism as the cultural logic of late capitalism, analyze with suitable
examples
4. Sanskritization as an upward mobility, support your arguments.
5. D. P. Mukherjee, a Marxologist; give a critical analysis.
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Roll No.
April 23, 2011

SEMESTER II
POLITICAL SCIENCE [MAJOR]
POLITICAL THOUGHT: TRADITIONS IN WESTERN AND
INDIAN POLITICAL PHILOSOPHY
Max. Marks: 40

1. He who is harmoniously constituted can never be unjust.- Plato

Analyse and appraise the Platos scheme of education in light of above
statement.
2. The history of all hitherto existing society is the history of class struggle.Karl Marx
Critically explain the Karl Marxs theory of Class Struggle in the light of
above statement.
3. Utilitarianism is a Pig Philosophy- Thomas Carlyle
Critically explain the Jeremy Benthams doctrine of Utility in the light of
above contention.
4. At the back of every word that I have uttered since I have known what public
life is, and of every act that I have done there has been a religious
consciousness and a downright religious motive.- M.K Gandhi
Explain the important characteristics of Gandhian thought in the light of
above statement.
5. Men are ungrateful, fickle, deceitful, cowardly and avaricious.... Men are
more readily forget the death of a father than the loss of patrimony.- Nicolo
Machiavelli
Man is naturally good and that our social institutions alone have rendered
him evil.-Jean Jacques Rousseau
Write a critical appraisal on Human Nature as depicted by Machiavelli and
Rousseau in the light of above statements.
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Roll No.
April 23, 2011

SEMESTER IV
ECONOMICS [MAJOR]
RESEARCH METHODOLOGY
Max. Marks: 40

1. What do you mean by research methodology? Describe the different types of

research.
2. What is meaning of primary data? Explain the different methods of collection
of primary data.
3. What is skewness? Calculate Karl Pearsonss coefficient of skewness from the
following data:
Family income in
Rs. thousand
7
8
9
10
11
12
13
14
Number of
persons
02
11
36
64
39
30
22
02
4. What is Index Number. Calculate Cost of living Index Number from the
following data:
Items of
Expenditure
Food
Fuel
Clothing
Housing
Misc. items
Prices 2005
Prices 2010
Weights
300
800
150
2500
250
450
1200
200
3000
250
4
1
3
2
1
5. Write short notes on any two of the following:

a. Sampling Distributions
b. Hypothesis Testing
c. Characteristics of a Research Report
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Roll No.
April 23, 2011

SEMESTER IV
SOCIOLOGY [MAJOR]
SOCIOLOGY OF DEVELOPMENT
Max. Marks: 40

1. Discuss the different aspects of technology as an agent of development.

2. Critically examine the various perspectives of modernization.
3. Critically examine the Giddens theory of modernity with suitable examples.
4. Discuss the cultural dimension of globalization.
5. Write two short notes:
a) Sociology of Development
b) Gandhis view on education
c) Types of entrepreneurship
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Roll No.
April 23, 2011

SEMESTER IV
POLITICAL SCIENCE [MAJOR]
MODERN POLITICAL SYSTEM
Max. Marks: 40

1. Analyse the power and functions of the British Crown.

2. Discuss the power and functions of the American President.
3. Explain the Salient features of the Swiss constitution.
4. Explain the rights and duties of Chinese citizen.
5. Write short notes on any two of the following.
a. Common Law of England
b. Judicial Review in USA
c. Features of Chinese Judicial System.
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Roll No.
April 23, 2011

SEMESTER VI
ALTERNATIVE DISPUTE RESOLUTION
Max. Marks: 40

1. Elucidate the party autonomy in an arbitration 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.
(10 Marks)
2. Public Policy is a very unruly horse, and once you get astride it you never
know where it will carry you Critically examine the extent of judicial
intervention in arbitral awards on the ground of public policy.
(10 Marks)
3.
a) What is the meaning of Foreign Award as given in New York
Convention Awards? On what grounds can the court suo moto refuse to
enforce the foreign award?
(6 Marks)
b) The parties and the Tribunal shall at all time treat all matters
relating to the proceedings and the award as confidential. Examine
the statement in the light of the classical and modern view on
confidentiality and also refer the relevant provision of Arbitration and
Conciliation Act, 1996.
(4 Marks)
4.
a) Discuss the competence of an arbitral tribunal to rule on its own
jurisdiction. Also mention the conditions when the mandate of
arbitration terminates.
(6 Marks)
b) Comment on the divergent approaches taken by the domestic courts to
the question of who decides the jurisdiction of the tribunal?
(4 Marks)
5.
a) Define International Commercial Arbitration. Discuss the provisions
of Arbitration and Conciliation Act, 1996 with regard to Bhatia
International v. Bulk Trading SA, AIR 2002 SC 1432.
(4 Marks)
b) What is the ambit and scope of courts jurisdiction in case where award
passed by the Arbitral Tribunal is challenged under Section 34 of the
Arbitration and Conciliation Act, 1996?
(6 Marks)
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Roll No.
April 23, 2011

SEMESTER VIII & X
IPR - TRADEMARKS [HONS.]
Max. Marks: 40
Note: (i) Answer any TWO questions.

1. With the function of trademarks as indicative of a constant quality came the

view that trademarks could be license without causing deception provided that
the licensor ensures that real and effective means of quality control is exercised
over licensee.
Based on the above statement comment to what extend the Trade Marks Act,
1999 ensures quality control in cases of assignment and licensing of trademarks.
2. A man is not to sell his goods under the pretence that they are the goods of
another man; he cannot be permitted to practice such a deception, or to use the
means which contribute to that end. He cannot therefore be allowed to use names,
marks, letters, or others indicia, by which he may induce purchasers to believe,
that the goods which he is selling are the manufactures of another person.
Elucidate how the concept of deceptive similarity is tackled under the
Trademarks regime in India.
3. No person shall be entitled to institute any proceedings to prevent, or to recover
damages for, the infringement of an unregistered trade mark.
Based on this explain the situation which are recognized as infringement under
the Act.
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Roll No.
April 23, 2011

SEMESTER VIII
CG - FEDERALISM [HONS.]
Max. Marks: 40

1. The underlying principle is that the question of repugnancy arises only when
both the legislatures (Parliament and legislature of a State) are competent to
legislate in the same field i.e. with respect to one of the matters enumerated
in the Concurrent List. Hence, Article 254 (1) cannot apply unless both the
Union and the State laws relate to a subject specified in the Concurrent List
and they occupy the same field.
In light of the above observation critically examine the test of repugnancy
applied by the Supreme Court of India alongwith the judicial approach in
other federalions.
2. Taxes may and do amount to restrictions; but it is only such taxes as directly
and immediately restrict trade that would fall within the preview of Article
301.
The above proposition of law is correct but it is subject to clarification that
regulatory measures or measures imposing compensatory taxes for the use of
trading facilities do not come within the preview of the restrictions
contemplated by Article 301.
Critically examine the above statements of law on the point of the regulation
of trade, commerce and intercourse alongwith Judicial approach in U.S.A.
and Commonwealth of Australia.
3. For determining the scope of legislative competence of Parliament including
its residuary power one had only to see that power was not assigned to the
State Legislatures.
Critically examine this majority approach taken by the Supreme Court in
Union of India V. H.S. Dhillon ((1971) 2 S.C.C. 779) and also evaluate the
contribution of the Supreme Courts observation in International Tourist
Corporation V. State of Haryana ((1981) 2 S.C.C. 318) to the effect that the
federal nature of the Constitution demands that an interpretation, which
would allow the exercise of legislative power vested in it to trench upon State
Legislation and which would thereby destroy or belittle state autonomy must
be rejected.
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Roll No.
April 23, 2011

SEMESTER VIII
CLS CORPORATE FINANCE [HONS.]
Max. Marks: 40
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Answers should be analytical, concise and clear.
(iv) Answers should be as far as possible be supported with legal provisions and regulations.
1. In the year 2000, through the introduction of Sec.605A of the Companies Act 1956,
the first step was taken to give Foreign Companies access to raise capital within the
country. The second step was taken in the year 2004 when the Companies (Issue of
Indian Depositary Receipts) Rules were framed. And finally SEBI completed the
circle by taking the third step on the 26th August 2009 by introducing Chapter X in
the ICDR Regulations thereby framing the eligibility criteria and the necessary
conditions for the issuance of Indian Depositary Receipts.
In light of the above statement, define and briefly explain the concept of Indian
Depositary Receipts? With respect to the IDR Rules 2004 and ICDR Regulations
2009 briefly discuss the entire regulatory framework for the issuance of IDRs in
India giving special emphasis to the eligibility requirements, conditions and its
complete issue making procedure.
(Marks 20)
2.
a. What do you mean by the term Intermediaries and explain the role of
different types of intermediaries functioning in the Indian Capital Market?
(Marks 08)
b. With reference to the SEBI (Debenture Trustees) Regulation 1993 who is a
Debenture Trustee and briefly discuss the necessary regulations related to
the Obligations and Responsibilities of the Debenture Trustees and also talk
about the relevant provisions of the Companies Act 1956 which relates to the
Debenture Trustees?
(Marks 12)
3. Write Short Notes on : (Any 5)
(Refer to ICDR Reg. 2009 and Relevant Provisions Of Companies Act 1956 where
ever necessary)
a. Bonus Issue
b. Pricing in Public Issue
c. Prospectus and its kinds
d. Fast Track Issues
e. Book Built Issue
f. Mutual Funds
(Marks 4 X 5 = 20)
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Roll No.
April 23, 2011

SEMESTER VIII
Trade & Investment Law - International Trade Law [Hons.]

Max. Marks: 40

1. Can a country have SPS and TBT measures which are higher than
international standards? Answer with reference to provision under the SPS
and TBT Agreement.
2. What are the essential conditions for the valid imposition of safeguard
measures? Discuss in brief with reference to decided cases.
3. Write notes on the following:
(a) Customs Valuation under WTO
(b) Determination of dumping (normal value, export price and dumping
margin) under the WTO.
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Roll No.
April 23, 2011

LL.M. - SEM. II
JUDICIAL PROCESS
Max. Marks: 40

1. Judicial decisions of higher court are guiding star for future litigations.
In the light of above narrate the importance of precedent mentioning its
merits and demerits with case decisions. Also, pointout the circumstances on
which the precedent loses or gets weightage.
2. Vision of distributive justice and participatory democracy come true through
PIL.
How would you justify this statement? Refer some case laws on the topic.
3. Decision given by a Judge is not considered in terms of its correctness or
incorrectness but weighing of social interests involved in the case.
In the light of above, discuss the why and how factors in a decision.
**************
Roll No.
April 23, 2011

SEMESTER II
FAMILY LAW - I
Max. Marks: 40
Note: (i) Answer FOUR questions.

(ii) Question no. 1 is Compulsory.
(iii) All questions carry equal marks.
1. Anu and Tanu were twin brothers. Anu was taking care of his fathers Real
Estate business and Tanu was a software Engineer. Anu married Anusha,
who was a Civil Engineer, and Tanu
married Tanya, 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 Tanya with a babygirl. The entire family rejoiced and was very
happy. Both Tanu and Tanya got a good job in the U.S.A and were preparing
themselves to leave for America. Tanya 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. Tanu 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 Tanu 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. Tanu also felt that in a foreign country, in a
totally new circumstance, he wont be able to manage with the child, if taken
along. Anu and Anusha were ready to adopt the child. Elders also felt that it
will be for the good of Tanu, so that he could start his life anew. Tanu also
condescended to the proposal. On the day of Tanus departure to America, in
front of all the relatives, the child was handed over to Anu and Anusha, and
they adopted the child.
Tanu 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 Tanu decided that they will take Aditya with them to U.S.A. But
Anu and Anusha did not agree to it. They said, they had taken Aditya in
adoption, and now he was their child.
Tanu 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.
Page No. 01
Roll No.
April 23, 2011
Under the above circumstances:

a. Discuss, whether the adoption of Aditya by Anu and Anusha is valid,
under the Hindu Adoption and Maintenance Act, 1956?
(5 marks)
b. What are the essentials of a valid adoption under the Hindu Adoption and
Maintenance Act, 1956?
(5 marks)
2. Shri Ram Singh hails from State of Kerala, belongs to an orthodox Hindu
family, and settled in Delhi from 1950 doing the manufacturing business. He
has one wife and three daughters namely, Mrs. Gauri Singh aged 27,
Ms.Ganga aged, 25 and Ms.Yamuna aged, 22. During the month of June
2007, Mr.Ram Singh, started looking for a good bridegroom for his daughter,
Ms.Ganga aged, 25 a gold medalist from IIT , Kanpur and also working in
TCS, New Delhi from June 2005. He has published his daughters profile on
all the matrimonial websites.
On July 2007, he came across a good profile of a boy namely Mr.Kiran Lal
from same religion and also working in software industry. His parents, Mr.
Ratanlal and Mrs. Deeksha belong to Hindu religion, have home in India and
also in Texas in USA. His son got a job in USA during the year 2000. From
the year 2000 he is working in USA and staying there alone. He holds Indian
passport but is a resident of USA.
After the meeting of bridegroom and bride, the marriage was performed as
per Hindu religion and also Brahman community traditions. The marriage
was conducted on 12.12.07. Later the marriage got registered at sub-registrar
office, in New Delhi.
On 01.01.2008, the couple left to USA, and stayed there for a period of one
year and applied for permanent residence in USA. In the middle of November
2008, some dispute arose between them, due to the Kiran Lals behaviour.
Ms.Ganga, while she was in USA came to know that Mr.Kiran Lal, had
already married another woman in USA in the year 2006, by the name of Ms.
Stella and subsequently filed petition for divorce. During the pendency of
proceedings, he came to India and completed the marriage with Ms.Ganga.
Mr.Kiran Lal, started creating problems to her in USA and was not treating
her properly. He kept her in confinement at home and also harassed her.
With the help of some neighbours, she escaped from the custody of her
husband and reached Delhi and subsequently explained everything to their
parents. In the month of March, 2009, Ms. Ganga filed a case for divorce in
the District Court. The District Court rejected the case for want of
jurisdiction, since they acquired permanent residence in USA, and
bridegroom was also residing in USA.
Upon the dismissal of the case, Ms.Ganga filed an appeal before the Hon'ble
High Court of Delhi against her husband, Mr.Kiran Lal for divorce and
compensation.
Argue the case for the respective parties in the light of Hindu Marriage Act
1955.
Page No. 02
Roll No.
April 23, 2011
3.
a. Irrevocable divorce is a practice derogatory to the dignity of women. It is
against the provisions of Quran . Discuss with case laws.
(5 Marks)
b. Abdul married Nagma. At the time of marriage there was no mention of
Dower. Later Abdul divorced Nagma and she claimed Rs. 5 Lacs as her
Dower from Abdul. Will she succeed ? Decide.
(5 Marks)
4.
a. A divorced his wife by Triple Talaq under the influence of liquor and then
remarried her after a week. Decide the validity of above muslim marriage
according to Shia and Sunni law.
(5 Marks)
b. Short note on any one:
i. Option of Puberty (Hindu & Muslim Law)
ii. Valid Retirement.
(5 Marks)
5.
a. Distinguish between Batil, Fasid and Sahih marriages. Give illustration in
respect of each of the three categories.
(5 Marks)
b. A restitution decree under S 9 of the Hindu Marriage Act 1956 acts as an
index of connubial felicity. It is a sort of litmus paper. If the decree is
disobeyed it is an indica that the parties have reached the stage of no
return. In this case the parties get a ground for divorce after a lapse of one
year. It is peg on which to hang a Divorce. It is foothold and handhold for
sec 13 (1 A). Critically examine this observation of the Supreme Court
regarding Restitution of Conjugal Rights. Explain your opinion to the need
and validity of S.9 with the help of decided cases.
(5 Marks)
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Page No. 03
Roll No.
April 23, 2011

SEMESTER IV
CONSTITUTIONAL GOVERNANCE - II
Max. Marks: 40

1. Critically examine the circumstances in which a State Government can be

dismissed under Article 356 of the Constitution of India. Can the exercise of
power under this provision be successfully challenged in a court of law?
2. Discuss the ambit of Parliaments power to amend the Constitution. State the
limitations, if any, on the amending power. Explain in this context the
concept of basic structure of the Indian Constitution.
3. What are the distinguishing features of special leave to appeal by the
Supreme Court? Discuss the principles on which this jurisdiction is exercised.
4. A law passed by the State of Chhattisgarh puts restrictions on the rate of
interest to be charged by the money lenders. The law is challenged by a
money lender as being ultra virus on the ground that it affects the
transactions of promissory notes and should be enacted exclusively by the
Parliament i.e. Union list Entry 46, Bill of exchange, Cheques, Promissory
notes. The State argues that the statute relates merely to money lending and
money lenders i.e. State list Entry 30 money lending and money lenders
and therefore is intra virus. Decide the case.
5. Write short note on any two of the followings:a. Curative Petition
b. Residuary Power
c. Doctrine of Repugnancy
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Roll No.
April 23, 2011

SEMESTER VI
INTELLECTUAL PROPERTY RIGHTS (GENERAL)
Max. Marks: 40

1.
a. Explain the concept of Fair Use in relation to copyright. [7 marks]
b. Discuss the transferability of Geographical Indications.
[3 marks]
2. What are the absolute and relative grounds for refusal of registration of a
mark as trademark.
3. Briefly explain all the right of an owner of a copyrighted work.
4.
a. What are the kinds of designs registerable under the Designs Act,
2000.
[5 marks]
b. What is the procedure for registration of designs under the Designs
Act, 2000.
[5 marks]
5.
a. Explain the concept of geographical indication of goods.
[5 marks]
b. Explain the concept of well known marks.
[5 marks]
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Roll No.
April 23, 2011

SEMESTER VIII & X
CG COMPENSATORY DISCRIMINATION [HONS.]
Max. Marks: 40

1. There have been two contradictory points of view as to reservation policy

the first finds inevitability in the nature of reservation to lowering of
standards to some extent and the other views that reservation may not be
said to be anti-meritarain.
Critically examine the judicial pronouncements on the point. Do you agree
with view of Krishna Iyer J. that a chaotic genius is a grave danger in public
administration.? Also discuss the majority view on the point is Indra
Sawhney V. Union of India (1992 SCC (L and S) Supp 1).
2. While it is certainly just to say that a handicap should be given to backward
class of citizens at the stage of initial appointment, it would be serious and
unacceptable inroad into the rule of equality of opportunity to say that such a
handicap should be provided at every stage of promotions throughout their
career. That would mean creation of a permanent separate category apart
from the mainstream a vertical division of the administrative apparatus.
In light of the above observation discuss the controversy regarding
reservation in promotions and judicial and parliamentary attempts to deal
with the issue.
3. The discriminatory treatment with women was based on deep rooted
prejudices. In India too women were so situated that special provisions /
measures were required in order to protect them.
In light of the above statement critically examine the special provisions /
measures taken by the government through legislation and gender sensitivity
in judicial pronouncements.
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Roll No.
April 23, 2011

SEMESTER VIII & X
CLS-CORPORATE RECONSTRUCTION [HONS.]
Max. Marks: 40
(iii) The answer should be concise and clear not exceeding 500 words.
1. Analyze how reduction of share capital helps in corporate reconstruction.
2. Analyze the applicability of SEBI (SAST) Regulations 1997 and significance
of the term Acquirer.
3. Explain the issuance of ESOP & ESOS in brief.
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Roll No.
April 23, 2011

SEMESTER VIII & X
Trade & Investment Law - International Investment Law [Hons.]
Max. Marks: 40

1. When can an expropriation be called legal? Discuss in the light of struggle

between the developed and the developing countries.
2. What is fair and equitable treatment under International Investment Law?
(a) Meaning of foreign investment
(b) MFN and National Treatment for foreign investors
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Roll No.
April 23, 2011

LL.M. - SEM. II
LAW OF INSURANCE
Max. Marks: 40

1. The payment of premium is the condition precedent for covering the risk.
Discuss with the help of relevant provisions and decided case laws.
2. Define the principle of proximate cause and discuss the scope and application
of proximate cause in the different branches of insurance.
3. Write short notes on:
a. Double insurance
b. Re-insurance
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Roll No.
April 23, 2011

SEMESTER II
ENGLISH LITERATURE
Max. Marks: 40

1. In the poem IF what are the conditions stated to become a man in a true
sense of the term?
OR
How does the poem A Psalm of Life inspire you? What has it to say about life
and about the great men?
2. Give a character sketch of Della? How did she show her love for Jim?
OR
How does the story The Nightingale and the Rose bring out the limitation of
human love as compared to the sacrifice made by the natural objects?
3. Illustrate how Bacons essays, particularly his OF STUDIES, is the finest
example of legal writing and legal thinking.
OR
Why is Lamb called the Prince of the essayists? Bring out the most endearing
qualities of his essays you have read.
4. What views M. Hidayatullah offers about law, education and lawyers?
5. Show your sense of deeper appreciation for M.K. Gandhi or M.C. Setalvad as
a jurist-cum-humanitarian thinker.
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Roll No.
April 23, 2011

SEMESTER IV
LABOUR LAW-I
Max. Marks: 40

1. Lay Off and Retrenchment are two important measures for the protection of
Employer Discuss this statement with the help of ID Act, 1947 and explain
the necessary procedures.
2.
a. Discuss Composition, Power, Duties and Jurisdiction of the Courts of
Enquiry, National Tribunal and Labour Court.
(6 Marks)
b. Explain the law relating to reference of an Industrial Dispute to a
Labour Court established under the Industrial Disputes Act, 1947
(4 Marks)
3. Discuss the advantages of registering a Trade Union under the Trade Unions
Act, 1926 and explain the procedure for registration.
4. Standing Orders are considered as an instrument setting out the general
terms and conditions of an employment Discuss the content of standing
orders and the procedure for its certification under the IESOA, 1948.
5.
a. Collective Bargaining
(3 Marks)
b. Discuss Unfair Labour Practices by a Trade Union and its

consequences
(7 Marks)
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Roll No.
April 23, 2011

SEMESTER VI
ADMINISTRATIVE LAW
Max. Marks: 40

1.
a. Though the Indian Constitution does not use the expression natural
justice, the concept of natural justice divested of all its metaphysical
and theological trappings pervades the whole scheme of the
Constitution- Explain the given statement by tracing the relationship
between the Principles of Natural Justice and the various provisions of
the Indian Constitution.
(5 Marks)
b. Discuss the objectives of the Principle of Audi-Alteram Partem and
point out the difference between total violation of the rule of fair
hearing and violation of a facet of that rule.
(5 Marks)
2.
a. Explain the meaning of Sovereign and Non-Sovereignfunctions in the
context of tortious liability and contractual liability of the
administration.
(4 Marks)
b. Discuss the evolution and development of the concept of tortious
liability of the administration and explain whether the immunity rule
of crown is applicable in India.
(6 Marks)
3. Elucidate with the help of decided cases the types of delegated legislation
which are permissible in India.
(10 Marks)
4. Natural Justice is pragmatically flexible and is amenable to capsulation
under compulsive pressure of circumstances- Explain the statement in the
light of exceptional situations where principles of natural justice can be
excluded.
i. Criticisms against A.V. Diceys Doctrine of Rule of Law.
ii. Privileges to the Government as a litigant
iii. Problems of administrative adjudication
iv. Classification of administrative action
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Roll No.
April 23, 2011

SEMESTER VIII
CIVIL PROCEDURE CODE
Max. Marks: 40

1. Define decree. Discuss its essential elements. Point out and discuss the
distinction between decree and order.
2. Who is to decide Jurisdiction regarding a civil suit? Discuss briefly about
kinds of Jurisdiction.
3. Section 10 of CPC intends to protect a person from multiplicity of
proceeding and to avoid a conflict of decision.
In the light of above, discuss the nature, scope and object of above provision.
4. Explain the meaning of Foreign Judgment. State the Circumstances on which
foreign judgment is not binding.
5. Mr. Madhu and Mr. Yadu are two brothers having a plot of land of five acres
at Raipur and having their residence at Raipur and Rajnandgaon district
respectively. The Govt. of Chhattisgarh decided to create New Raipur in order
to develop Capital town by transferring the Ministerial Secretariat and other
offices and for it acquired two acres of above mentioned land. @ Rs. 10 Lac per
acre. Madhu misappropriated the money and did not give share to his
brother. Due to this, the two brothers decided to have partition of remaining
land.
As a Counsel, Advice them in respect of filing case and jurisdiction of court
etc.
**************
Roll No.
April 23, 2011

SEMESTER X
HUMAN RIGHTS
Max. Marks: 40

1. The right to life includes the right to live with human dignity and all that
goes with it, namely the bare necessaries of life such as adequate nutrition,
clothing and shelter over the head and facilities for reading, writing &
expressing oneself in diverse forms, freely moving about and mixing &
mingling with fellow human beings.
Comment upon the statement in the light or right to life, liberty and security
of persons with the help of decided case laws and relevant provisions.
2. What do mean by three generations of human rights? Discuss the
interrelationship among the three generations.
3. Torture constitutes an aggravated and deliberate form of cruel, inhuman or
degrading treatment or punishment. Torture as such is not only an offence to
human dignity but also constitutes as a denial for the purpose of the Charter
of United Nations and as a violation of the human rights and fundamental
freedoms proclaimed in the Universal Declaration of Human Rights. Discuss
in the light of protection of prisoners in India.
4. Discuss the implementation procedure of the human right stipulated in the
International Covenant on Civil and Political Rights, 1966.
5. Write short notes on:
a. Abolition of slavery and slavery-like practices.
b. Protection against arbitrary arrest and detention.
**************
Roll No.
April 23, 2011

SEMESTER II
LAW OF CONTRACT-I
Max. Marks: 40
Q.1

In reference to Mohiri Bibi Vs. Dharmodas Ghos discuss contractual

liability of a minor under the Indian contract Act with the help of relevant
case law on following grounds :
a. Nature and effect of Minors contract.
b. Restitution and Restoration of benefits in Minors Contract
c. Applicability of Doctrine of Estoppel
d. Unjust Enrichment
Q.2
Whilst on holiday at the sea side Juliet loses several pieces of her Jewelry.
She places a notice in the local newspaper declaring that she will give a
reward to anyone finding and returning any of the specified items of jewelry.
Kevin who is staying at the same hotel as Juliet finds a necklace on the
beach. He takes it back to the hotel receptionist who informs Kevin that it
probably belongs to Juliet. Kevin gives the necklace to Juliet, but is rather
annoyed a few days later to find that a reward was available for the jewelry
and feels that he should have received something.
Lester, a beach patrol officer finds a ring on the beach whilst on his duty. On
the way home he notices the advertisement, so calls at Juliets hotel to deliver
the ring. Juliet thanks Lester for doing his job so efficiently and closes the
door.
A few days later Michael, the owner of the village shop finds another of the
Juliets ring on the beach. He remembers the notice on the shop window, but
knows that it has now been removed. Nevertheless he returns the ring to
Juliet expecting a reward, but Juliet tells him that the removal of the notice
has ended the arrangement.
Penny is riding her bicycle along the sea front when she finds Juliets
bracelet. She has seen the advertisement in the local newspaper and so
intends to return the bracelets to claim the reward. At home Pennys sister
tells her that the notice is no longer on the shop window, but Penny returns
the bracelet anyway.
Advise Juliet as to whether she is obliged by contract to pay the reward
money to Kevin, Lester, Michael or Penny.
P.T.O.
Roll No.
April 23, 2011
Q.3
Mr. Chandan Verma is suffering with serious heart ailment from last three years.
He obtained a Health Insurance Policy with a risk cover of Rs. 2,00,000/- on
1.1.2010. While filling the entries of insurance form there was a question - Are
you suffering with any heart ailment? Which he didnt answer, but he managed
the health certificate from the Doctor paneled by Insurance Company.
On 1.6.2010 Mr. Chandan died due to heart attack, his wife claimed for insurance
amount, which the company refused. She filed a suit for recovery of claim
amount with interest.
In the light of above fact answer:
(4+4+2)
a. Whether the act of Mr. Chandan Verma is a unilateral mistake or
Misrepresentation or Fraud or fraudulent misrepresentation or all.
b. Whether the insurance Co. can take help of any provision of law to refuse
claim amount? If yes explain essential of that provision.
c. Determine the appropriate relief on the basis of nature of this contract.
Q.4
Write Short Note any Two:

i)
Coercion
ii)
Agreement in restraint of Trade
iii)
Mistake
iv)
Undue Influence.
(5 Marks each)
Q.5
What do you mean by Void agreement and Voidable Contracts state the
difference between the two and also discuss relevant provision of Indian
Contract Act 1872.
**************
Roll No.
April 23, 2011

SEMESTER IV
TRANSFER OF PROPERTY
Max. Marks: 40

1.
a. Transferability of property is a general rule, its non-transferability is
an exception. Comment.
Marks- 5
b. A transfers a property to B for his life time and after Bs death to C.
What is the nature of the interest over the property which is given to
C? If C dies before B then who will have interest over the property on
the death of B?
Marks- 2.5
c. A transfers a farm to B for his life with a proviso that in case B cuts
down a certain tree, the transfer shall cease to have any effect.
Whether the restriction imposed on the Bs right to enjoy the property
is valid? If B cuts down the tree then what will be its effect on the
transfer, who will have interest over the property?
Marks- 2.5
2.
a. Elaborate the concept of Bonafide transferee for value without notice.
What are the different provisions which protect the rights of bonafide
transferee? Is there any exception to this concept?
Marks- 7
b. Where the transfer is gratuitous and the election is made by the real
owner of the property not in favour of the instrument and the
transferor is alive then whether will the compensation be paid to the
disappointed transferee?
Marks- 3
3.
a. Elaborate the Doctrine of Holding Out. What is the effect of the passing
of the Benami Transaction (Prohibition) Act, 1988 on the provisions
relating to this doctrine in India?
Marks- 6
b. Law leans in favour of vesting of interest and the law disfavor the
divesting of estate once vested. Elaborate.
Marks-4
4.
a. Once a mortgage, always a mortgage. Elaborate the principle.
Marks- 6
b. A is the owner of two properties X and Y. A mortgages X to B for
rupees 200/- and then both X and Y are mortgaged to C for 400/-. A
sells X to D. The value of each of both these properties is 500/-. The
prior mortgage money of 200/- is paid out of property X. C recovers the
amount of 400/- from A. Whether can A file a case against D for the
contribution to the mortgage-debt, if no then why, if yes then under
what provision and for what amount D will be held liable?
Marks-4
(P.T.O.)
Roll No.
April 23, 2011
5.
a. Write short note on any three of the followingi.
(Marks- 3x2)
Doctrine of acceleration
ii.
Rule relating to apportionment of benefits
iii.
The law relating to marshalling securities
iv.
Usufructuary mortgage
b. A makes a transfer of his property to B for life and then to Bs unborn

children with a condition that a female child will get only a life
interested. B dies leaving three sons and one daughter. Whether is the
transfer made in favour of unborn children valid?
Marks- 4
**************
Roll No.
April 23, 2011

LL.M. - SEM. II
LEGAL RESEARCH METHODOLOGY
Max. Marks: 40

1.
a. Explain the meaning of Universe, Population, Sample and Sampling
Method in a socio-legal research. Discuss the advantages of a sample
and the essential requirements for a good sample.
10 marks
b. Elaborate the different types of sampling methods used in socio-legal
research and highlight their merits and demerits.
10 marks
2.
a. Explain the meaning and importance of Research Design in legal
research. Highlight the contents of a research design and the
characteristics of a good research design.
10 marks
b. Write a note on the different types of Research Design used in legal
research.
10 marks
3.
Write Short Notes on any Four of the following:

i.
ii.
Advantages and disadvantages of Doctrinal and Non-Doctrinal

Research.
Sources of Data and Types of Data
iii.
Interview Method-merits and demerits
iv.
Questionairre- merits and demerits
v.
vi.
5 marks each
Significance of Problem and its formulation in legal research

Essentials of a good legal research and challenges to good legal
research in India
**************
Roll No.
April 23, 2011

SEMESTER II
ECONOMICS (MINOR)
INDIAN ECONOMY
Max. Marks: 40

1. Explain the impact of Land Reforms in Indian Agriculture.

2. The Small Scale and Cottage industries occupy a very important position in
Indian Economy. Discuss
3. Discuss in detail basic characteristics of Indian Economy.
4. Industrial sickness has been affecting the health of industrial sector
adversely. Examine this statement.
5. Write short notes on the following:- (any two)
a. Infrastructure and Economic Development
b. Human Development Index
c. SEBIs role in controlling the Stock Exchange and financial
intermediaries.
**************
Roll No.
April 23, 2011

SEMESTER IV
ENVIRONMENTAL LAW
Max. Marks: 40
(iii) Refer cases wherever necessary.

1. Justify the statement, 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.
Highlight the meritorious role played by Indian Judiciary in the field of
environment protection from various types of pollutions.
2. The Indian Constitution is amongst the few in the world that contains
specific provisions on environmental protection. The directive principles of
state policy and the fundamental duties chapters explicitly enunciate the
national commitment to protect and improve the environment
Discuss in the light of above statement the provisions of Constitution of India
and the meritorious role played by Indian Judiciary in the field of
environment protection.
3. 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
Discuss with reference to above statement the main aims and objectives of
the EPA describing the importance of Section 3 and Section 5 and also
highlight the significant role played by Indian judiciary.
4. Discuss the constitution, power and functions of Central Board and State
Board under Water (Prevention and Control of Pollution) Act, 1974?
5. Write short notes- (Any Two of the Following)
(a) Precautionary Principle
(b) Public Trust Doctrine
(c) Stockholm Conference on Human Environment
**************
Roll No.
April 23, 2011

SEMESTER VI
CORPORATE LAW-II
Max. Marks: 40

1. Mergers & Acquisitions (M&A) are an integral part of the new economic
paradigm, especially in todays developing 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 usually is delayed by the
objections raised during the proposal of the scheme by the stakeholders. The
Supreme Court witnessed the Reconstruction as a result of family disputes of
the promoters of the company or to meet the financial needs or to combat 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.
a) 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).
b) Whether share exchange ratio approved by shareholders of amalgamating
company can be questioned by a small group of dissenting shareholders?
2. SEBI received complaints from some investors alleging that XYZ Limited and
some brokers are indulging in price manipulation in the shares of XYZ
Limited. Explain the powers that can be exercised by SEBI under the
Securities and Exchange Board of India Act, 1992 in case the allegations are
found to be correct.
3. Enumerate the legal provisions of Take-over and Acquisition of Minority
Interest under Companies Act 1956.
4. Explain the principles of Corporate Social Responsibility and recent
development in India.
5. Describe Role of Independent Directors and Auditors in Corporate
Governance in the light of Recommendations of Narayana Murthy Committee
Report.
**************
Roll No.
April 23, 2011

SEMESTER VIII
PRIVATE INTERNATIONAL LAW
Max. Marks: 40

1. The doctrine of Renvoi should be abolished so that any reference to a foreign

system of law is a reference solely to its domestic law. Discuss with the help
of case laws.
2.
i.
Jurisdiction based on presence (under traditional rule) has been

described as exorbitant. Critically examine the appropriateness of
above statement with help of case laws.
5 marks
ii.
Is the freedom of contracting parties to select proper law of contract

unfettered? Discuss.
5 marks
3. The fact is, of course, that the application of foreign law implies no act of
courtesy, no sacrifice of sovereignty. It merely derives from a desire to do
justice.
In the light of above statement, discuss the need to recognize and enforce
foreign judgements and explain the grounds on which foreign judgement
cannot be enforced with the help of case law.
4. How the applicable law for the contract is ascertained in the absence of any
choice made by the contracting parties under the Rome Convention on the
Law Applicable to Contractual Obligations, 1980. Discuss.
5. Write short note on any two of the following: (Each carries equal marks)
i.
ii.
iii.
The double- actionability rule

Anti-suit injunction
Special jurisdiction under Brussels Convention
**************
Roll No.
April 23, 2011

SEMESTER X
PROFESSIONAL ETHICS
Max. Marks: 40
Note: (i) Answer FOUR questions.
(iii) All questions carry equal marks.
(ii) Question No. 1 is compulsory.

(iv) Word limit 900 words
1.
i) The right to practice, no doubt, is the genus of which the right to appear and
conduct cases in the Court may be a specie. But the right to appear and conduct
cases in the Court is a matter on which the Court must and does have major
supervisory and controlling power. Hence Courts cannot be and are not divested
of control of supervision of conduct in Court merely because it may involve the
right of an advocate.
In the light of above statement critically analyze the jurisdiction of Court and
Bar Council to punish an advocate for contempt and misconduct for the same act
respectively and also examine whether an Advocate who has committed contempt
of Court or has behaved unprofessionally and in an unbecoming manner will
have the right to continue to appear and plead and conduct cases in Courts or
not?
(4 Marks)
ii) Though the Advocates Act, 1961 do not define Professional or other misconduct
but the rules mentioned in BCI Rules, 1975 containing canons of conduct and
etiquette can be adopted as general guides for punishing an Advocate for
committing misconduct.
Critically examine the above statement with the help of decided cases.
(6 Marks)
2. The definition of contempt of court given in the Contempt of Courts Act, 1971, is not
a definition in the real sense, but only the classification or categorization of contempt
of courts. Discuss.
(10 Marks)
3. Discuss various defences which are available to a person charged with criminal
contempt under the Contempt of Courts Act, 1971.
(10 Marks)
4.
i) Discuss the judicial and legislative journey of justification by truth as a valid
defence for punishment of contempt in India.
(6 Marks)
ii) Discuss the punishments for misconduct as given in the Advocates Act, 1961.
Also explain the remedy which is available to an Advocate who is punished for
such misconduct by State Bar Council.
(4 Marks)
5. Write Short Notes on the following:
i) Defences in civil contempt
(3.5 Marks)
ii) Duty of a lawyer towards Court
(3.5 Marks)
iii) Impact of British regime on development of legal profession in India
(3 Marks)
**************
Roll No.
April 23, 2011

SEMESTER II
SOCIOLOGY (MINOR)
SOCIOLOGICAL THOUGHT
Max. Marks: 40

1. Critically examine the different aspects of consumer society in the

postmodern world.
2. Critically examine the Lyotards view on Postmodernism.
3. Discuss the DP views on the dialectics of tradition and modernity with
suitable examples.
4. Discuss Radhakamal views on personality and society and how these are
related to the theory of value.
5. Write two short notes:
a) Dominant caste
b) Caste and kinship
c) Social ecology
**************
Roll No.
April 23, 2011

LL.M. - SEM. II
LAW OF FINANCIAL INSTITUTION
Max. Marks: 40

1. When the Reserve Bank of India (RBI) was established in 1935, our country
was back-ward country which lacked a well-developed commercial banking
system apart from the absence of a well-developed money market in the
country. After 1949, the RBI became very active to take steps to promote and
develop financial institutions so that RBI can pursue appropriate credit and
monetary policies for economic growth and development in an era of planned
economic development of the country.
Analyze the above statement discuss promotional and supervisory measures
taken by the Central Bank to improve the Banks and Financial Institutions.
2. For providing credit for the promotion of agriculture, small-scale industries ,
cottage and village industries, handicrafts and other rural crafts and other
allied economic activities in rural areas with a view to promoting integrated
rural development and securing prosperity of rural areas, and for matters
connected therewith or incidental thereto.
Explain the functions of National Bank for Agricultural and Rural
Development [NABARD] in promoting Integrated Rural Development.
3. Define Securitization and Explain the Role of Debt Recovery Tribunal (DRT)
in Securitization.
**************
Roll No.
April 23, 2011

SEMESTER II
POLITICAL SCIENCE (MINOR)
Max. Marks: 40

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. A close look at Machiavellis political ideas gives an impression that he was
more of a practical politician than a political philosopher. Substantiate.
3. Discuss in detail J S Mills contribution to political philosophy and its
contemporary relevance.
4. Critically examine Gandhis views on non-violence, satyagraha and swedeshi
and outline its significance in the contemporary world scenario.
a) Lockes views on limited government
b) Nehrus views on democracy and secularism.
c) Rousseaus concept of General Will
**************
Roll No.
April 23, 2011

SEMESTER IV
LAW OF CRIMES - (IPC)
Max. Marks: 40
Note: (i) Answer any FOUR questions with relevant provisions of law.
1.
a. A, a U.S citizen from California was on holiday in Mumbai (India) with
his girlfriend. While they were going to shopping, A kicked and
punched his pregnant girlfriend in the stomach five days before due
date. She survived, but the baby girl she was carrying died.
Is A liable for murder of the child in India or in U.S.A or in both the
places? If so, under what section of the Penal Code A will be charged?
Marks-4
b. Define common intention and common object. What is the difference
between Section 34 and Section 149 of the Code? Illustrate your answer
with the help of few leading cases.
Marks-6
2.
a. A, a girl of 15 years of age , leaves her fathers house in consequence of
ill treatment and goes to Bs house. B , persuades her to return back,
but she refuses to return her parents house. After two days , police
recovers A , from Bs house. B is charged under Section 363 of the
Penal Code for kidnapping A, from lawful guardianship. Discuss Bs
liability.
Marks-4
b. Compare and contrast the essential ingredients of Section 304B and
498A of I.PC with special reference to provisions under Indian
Evidence Act and in the light of decided cases. Can a person be liable
under Section 498A if acquitted under Section 304B?
Marks-6
3. An offence of theft may become robbery; extortion may also become robbery;
and robbery may become dacoity (gang robbery) . It all depends upon the
circumstances of each case. But one thing is sure there is property involved in
each case.
Comment and discuss the circumstances, which may distinguish one offence
from the other.
Marks-10
P.T.O.
Roll No.
April 23, 2011
4.
a. Clause (4) of Section 300 Indian Penal Code defining murder cannot
be applied until it is clear that Clauses 1, 2 and 3 of the Section each
or all of them fail to suit the circumstances.
Examine the above statement with the help of decided cases.
Marks-6
b. A Brahmin widow in the paroxysm of her grief proceeded to the funeral
pyre of (her) deceased husband with the declared intention of burning
herself to death and becoming a sati. What is the liability of those who
witnessed the tragedy?
Marks-4
5.
a. What do you mean by rarest of rare cases? Life imprisonment is a rule
and death sentence is an exception. Do you agree? Discuss with the
help of leading cases.
Marks-6
b. Z strikes B. B is by this provocation excited to violent rage. A , a
bystander , intending to take advantage of Bs rage , and to cause him
to kill Z , puts a knife into Bs hand for that purpose. B kills Z with the
knife. What offence A and B have committed?
Marks-4
**************
Roll No.
April 23, 2011

SEMESTER VI
BANKING LAW
Max. Marks: 40

1. Who is a Banker and Who is a Customer?

Enumerate the Special features of the legal relationship between a banker
and a customer.
2. What do you mean by Dishonour of Instrument?
Discuss the kinds of Dishonour and the circumstances when the drawer shall
be deemed to have comminuted an offence Uj/s 138 of the N.I. Act 1881,
and the presumption to be drawn by the Court.
3. Explain the Significance
recommendations:
of
the
following
committees
with
their
a. Sairya Commission
b. Tandon Committee 1975
c. Chore Committee 1980
4. What do you mean by Negotiable Instruments?
Discuss the various kinds of Negotiable Instruments under the N.I. Act 1881
with their special characteristics.
5. Short Notes:a. Transferability vs. Negotiability
b. Difference between Promissory Note and Bill of Exchange
c. Customer vs. Consumer
d. Endorsement
e. Holder in due course.
**************
Roll No.
April 23, 2011

SEMESTER VIII & X
INDIRECT TAX [OPTIONAL]
Max. Marks: 40

1. Explain in brief the following Modes of Valuation of Excise Duty

a. Transaction Value Based,
b. Retail Sale Price.
2. When a Service is said to be exported under Service Tax.
3. Explain Nature of Charge under Customs Act, 1962.
4. Explain the method or form of granting exemption under Central Excise Act.
5. Derive the object and scope of Exemption from Excise Duty.
**************
Roll No.
April 23, 2011

SEMESTER VIII & X
WOMEN & LAW [OPTIONAL]
Max. Marks: 40

1. Sexual harassment is naked violation of human right of a woman against her

dignity and physical security.
In the light of above, discuss the relevant laws available in India. Do you
suggest for new law?
2. Discuss briefly the laws relating to divorce in India. Pointout the rights of
women during and upon dissolution of marriage.
3. Discuss the circumstances under which a judge can refuse to grant
maintenance to a wife under section 125 of Cr.P.C. whoelse can claim
maintenance under this provision. Support your answer with case decisions.
4. The Government of India tries to protect the interests of woman through
creation of various committees and commissions. Apart from that, Higher
judiciary has also adopted pro-active approach to deal with the problem.
Do you think that the role of various Commissions as well as judiciary is as
per expectation? Do you suggest any change in the system?
5. The year 2010 marks the centenary for the international day of the women.
Women have come a long way from what was a scattered assertion of
womens right to what it is today a research based, well organized movement.
In the same year in India, the womens Reservation Bill was passed. By the
House of people. Do you think now, we will have legislations that will
accommodate difference between Men and Women?
**************
Roll No.
April 23, 2011

SEMESTER VIII & X
COMPETITION LAW [OPTIONAL]
Max. Marks: 40

1. Every agreement restraining competition cannot be called unreasonable.

Discuss in light of the Standard Oil Company Case.
2. AB Ltd. has 60% market share in India in automobile products. It opens a
subsidiary SB Ltd. which produces steel. It sells steel at a price which is less
than 10% than the marginal cost of production. There are 10 producers of
steel in India and steel is imported from abroad also. QR Ltd. a steel producer
complains to the Competition Commission against AB Ltd. and SB Ltd. Do
you think Competition Commission should take action against the
respondents? Give reasons for your answer.
3. Calco Pvt. Ltd. had 90% market share in India on an antibiotic effective
against cancer. It had patent for that antibiotic. Anel Pvt. Ltd. had 75%
market share on a painkiller which is given orally (it is a tablet) and which
was usually given to cancer patients. Calco got patent on a painkiller which
would be given to cancer patients and which is given intravenous. It has
immediate effect and is more successful in reducing pain and has effect for a
longer period of time. In order to promote its painkiller calco sold the
medicine to hospitals and to retail stores on the condition that if the
antibiotic and the painkiller was bought together there would be 35%
discount on the combined price of the two products. Considering the high
price of antibiotic and considering the advantages of the painkiller the
painkiller of calco Pvt. Ltd. soon acquired 40% market share in India. Market
share of the painkiller of Anel Pvt. Ltd. fell from 75% to 50%. Anel Pvt. Ltd.
complained to the Competition Commission regarding the practice of Calco
Pvt. Ltd. What should be the decision of the Competition Commission? Give
reasons for your answer.
4. Under the Indian Competition Act the central government has been given the
power to give directions to the Competition Commission and to supersede the
Commission. Do you think this would adversely affect the independence of
the Commission?
5. Write note on the following:
(a) Regulation of combination in India
(b) Re-sale price maintenance
**************
Roll No.
April 23, 2011

SEMESTER - X
WTO STUDIES [OPTIONAL]
Max. Marks: 40

1. What is zeroing? Is it in consonance with the antidumping agreement?

Discuss in the light of decided cases.
2. What do you mean by unforeseen developments? Is it a necessary condition
for the taking recourse to safeguard measures?
3. How is general exception clause in GATS interpreted? Discuss with reference
to decided cases.
4. What is the difference between material injury and serious injury? Discuss
the provisions regarding the two under the WTO agreements and with help of
decided cases.
(a) Customs Valuation under WTO
(b) Rules of origin under WTO.
**************
Roll No.
April 23, 2011

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Hidayatullah National Law University, Raipur

End Term Examination, April - 2011

Max. Time: 3:00 Hrs.

1. What do you mean by Research? Describe the different steps involved in a

4. What is Spearmans Rank Correlation? Find Karl Pearsons Coefficient of

5. Write short notes on any 2 of the following:

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

1. He who is harmoniously constituted can never be unjust.- Plato

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

1. What do you mean by research methodology? Describe the different types of

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

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

1. Discuss the different aspects of technology as an agent of development.

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

1. Analyse the power and functions of the British Crown.

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

1. Elucidate the party autonomy in an arbitration to choose the rules of law as

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

1. With the function of trademarks as indicative of a constant quality came the

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

April 23, 2011

Hidayatullah National Law University, Raipur

April 23, 2011

Hidayatullah National Law University, Raipur

Trade & Investment Law - International Trade Law [Hons.]

Max. Time: 3:00 Hrs.

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

(iii) All questions carry equal marks.

April 23, 2011

Under the above circumstances:

April 23, 2011

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

1. Critically examine the circumstances in which a State Government can be

April 23, 2011

Hidayatullah National Law University, Raipur

Max. Time: 3:00 Hrs.

b. Explain the concept of well known marks.

April 23, 2011

Hidayatullah National Law University, Raipur