Professional Documents
Culture Documents
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - I
LAW OF TORTS
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. Elaborate the maxim Volenti Non Fit Injuria. What are the limitations to
this maxim? Marks-6
2.
a. Write short notes on any two of the followings:- Marks-3x2
i. Act of State
ii. Tortious liability of the corporation
iii. Minors capacity to sue and to be sued
3.
a. Explain the maxim Damnum Sine Injuria with the help of decided cases.
Marks-6
b. Mr. A entered the plaintiffs land to prevent spread of fire to the adjoining
land over which his master running a paper mill without the consent of
the plaintiff. Discuss the liability of Mr. A? Marks-2
c. Mr. B, a minor slapped the plaintiff in his face in the presence of several
persons. In an action by the Plaintiff, Mr. B contended he is an infant.
Discuss the liability of Mr. B? Marks-2
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - III
POLITICAL SCIENCE (MINOR)
INDIAN POLITICAL SYSTEM
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. The Directive Principles of State Policy do not matter. Comment and explain
the importance of their incorporation in the Constitution of India.
2. Discuss the relation between the House of People and the Council of States. How
far it is true that the Council of States is not only a second chamber but a
secondary chamber?
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - V
LABOUR LAW II
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. Discuss the expression partial disablement and total disablement as
defined in the Employees Compensation Act, 1923.
2.
a. What are the conditions for payment of Gratuity explain with reference to
the statutory provisions contained in the Payment of Gratuity Act, 1972.
b. What are the rule regarding notice of a claim for maternity benefit under
the provisions of the Maternity Benefits Act, 1961.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - VII
LAW OF EVIDENCE
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Answers should be written with the relevant provisions of law.
1.
I. Four accused persons were arrested on a charge of having committed the murder
of Promod which took place at Ghadi Chawk , Raipur on 4-4 -2012 at 11.35
a.m. Raipur police arrested Pankaj from Avanti Vihar, Salim from Shyam Nagar,
Ritesh from Pachpedi Naka and Sailesh from Telibandha on dated 9-4-2012 and
forwarded to the Court. During the trial, the accused no 3 i.e Ritesh took the plea
that he was at Delhi on that day and at that time he was appearing Bank
Probationary Officers exam.
Is the statement of Ritesh relevant? If yes, under what circumstances and under
which provisions of law? Marks-04.
II. All confessions are admissions but all admissions are not confessions. Critically
examine the statement with the help of relevant provisions of law. Marks-6.
2.
I. The accused was arrested on a charge of having committed the murder of X.
While in police custody he made a statement to Police Sub-Inspector which was
reduced into writing. The statement runs thus:
About a week ago I had a quarrel with X. X abused me. I then suddenly took out
a knife from the pocket of my shirt and stabbed him thrice in his stomach. I
therefore ran away with the blood stained knife. I hid the knife in the roof of my
house. I will show if you will come.
Abiding the accused led the police to his house and produced the knife which was
concealed in the roof of his house. Discuss the admissibility of the above quoted
statement made by the accused to the Police Officer. Marks-4.
IV. Who are persons competent to give admission under the Indian Evidence Act?
Marks-2.
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3.
I. Reasonable ground exists for believing that Kamal has joined in a conspiracy to
wage war against the Government of India. Sanjay procured arms in Europe for
the purpose of the conspiracy. Sandip collected money in Kolkata for a like
object. Aswin persuaded persons to join the like object in Bombay, Ramesh
published in journals and handbills, writing advocating the same object at Agra.
Vijay transmitted from Delhi to Ajit at Karachi the money which Sandip had
collected at Kolkata and a letter written by Gopal giving an account of the entire
conspiracy to the secret organization based at a foreign place.
In the above situation which facts are relevant to prove the conspiracy and
Kamals complicity and how? Marks-4.
II. What is meant by T.I.Parade ? Explain the procedure and provisions with regard
to T.I.Parade. Marks-4.
III. Explain with illustration, the conditions in which a confession is not admissible
under Section 24 of the Indian Evidence Act? Marks-2.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - IX
DRAFTING PLEADING AND CONVEYANCING
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. Discuss the General Rules of Drafting and also explain the important steps
which are to be followed while drafting.
2. Draft a Petition for seeking Divorce by Husband on the ground of cruelty by wife
under the Hindu Marriage Act, 1955?
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - III
ECONOMICS (MAJOR)
INDIAN ECONOMY
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. It has been observed that the major drive towards the diversification and
modernization of the Indian economy in recent plans has resulted in increased
share of secondary and tertiary sectors and declined share of primary sector in
national product. But still Indian economy is considered as the midpoint
between developed and under developed economy. Present your view on the
given statement.
2. How rural development reflects in the increase in the purchasing power of rural
inhabitants and there by showing improvement in the economic well-being of the
people in the village?
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - III
SOCIOLOGY (MAJOR)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. Caste is no more a closed status group in recent times, justify.
2.
a. Write a note on the philosophical literature of Hindus.
3. Discuss the current Tribal Problems in India. Suggest some relevant fresh
solutions to address those problems.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - III
POLITICAL SCIENCE (MAJOR)
INDIAN POLITICAL SYSTEM
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. The President of India is the head of the State as well as head of the government.
The administration of the whole country is carried out in his name. In reality, the
President only reigns but does not rule. Substantiate.
2. Unlike the Fundamental Rights, Directive Principles of State Policies are non-
justiciable in nature. However, they are seen as fundamental to the governance of
the country. Critically examine the statement.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - VII
CRIMINAL PROCEDURE CODE (Cr.P.C.)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. How does a Warrant for arrest differ from a summons? What are the different
kinds of warrants for arrest? Marks- 6
2.
a. Who are the different persons competent to arrest without warrant and in
what circumstances? Marks- 7
3.
a. What are the grounds on which a wifes claim to maintenance can be
rejected? Marks-4
b. Pinky, aged 17, is the wife of Rocky and is working as a pre- primary school
teacher earning Rs.500 per month. Rocky is a scooter mechanic earning
Rs. 600 per month and not in a position to maintain his wife. Pinky claimed
maintenance from her father which was denied on the ground that she was
married and working. Decide the matter. Marks-3
c. When a private person arrests the accused without warrant and hands him
over to the police officer, it is found that no cognizable offence has been
committed. What procedure will be followed? Marks-3
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - I
ECONOMICS (MAJOR)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - I
SOCIOLOGY (MAJOR)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - I
POLITICAL SCIENCE (MAJOR)
POLITICAL THEORY
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - V
CORPORATE LAW I
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) All the answers should be supported by relevant provisions and established case laws.
1.
a. Hill Crest Traders Ltd. was a company which was registered as a public
company under the Indian Companies Act 1956. There are altogether sixty six
(66) members in the company and the number of debenture holders is 42. The
bifurcation is as follows:
i. Directors - thirty five
ii. Employees - ten
iii. Past Employees - five
(Shares were allotted after they were employees)
iv. 5 Couples holding shares jointly - ten
(In the name of husband & wife, 5 x 2)
v. Others - six
_________
Sixty six
The Board of Directors of the said company proposes to convert it into a private
company. Advice whether reduction in the number of members is necessary in
the instant circumstance? (Marks: 4)
2.
a. The Promoters of a company stand undoubtedly in a fiduciary position. They
have in their hands the creation and moulding of the company; they have the
power of defining how, and when, and in what shape, and under what
supervision, it shall start into existence and begin to act as a trading
corporation --- Lord Cairns
b. Oswal Spinning and Wvg. Mills Ltd. (OSWML), a cotton textile company enters
into a contract with Acnit Knitting Ltd.(AKL) an adjacent cotton textile mill, to
supply electricity from their power generation plant. After supplies have been
made for three months, it was discovered that this activity is beyond the scope of
the object clause of the MOA. The respective shareholders of the OSWML ratify
the contract by an ex-post facto general body resolution. AKL refuses to make
payment. Comment. (Marks 3)
3.
a. The memorandum of association of a company was formed to improve and
encourage the breeding of poultry and therein it contained a provision that no
remuneration should be paid to the members of the governing body of the
company. But the concerned company owing to boost and increase its business
subsequently passed a special resolution providing for equitable remuneration to
such members for their respective services that were rendered by them.
With respect to the above mentioned facts, is it possible for the company to alter
its object clause or in other words, can the alteration be confirmed?
Briefly talk through the scope of the objects clause and also discuss the law
(along with the relevant provisions) relating to the alteration of the objects
clause. (Marks 8)
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3. The Law governing the arbitrability of a dispute may depend on where and at
what stage of the proceeding such question arises.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII & IX
DIRECT TAX (OPTIONAL)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. How will you determine the residential status of an individual assessee
under the Income Tax Act, 1961? (05 marks)
2.
a. How far the residential status affects the incidence of income tax?
Discuss. (5 marks)
b. Define the term person for the purpose of the Income Tax Act, 1961.
(5 marks)
3. What are those incomes which do not form part of total income? Discuss
specifically about the incomes exempt for employees. (10 marks)
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER IX
CYBER LAW (OPTIONAL)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. To what extend is e-commerce recognized in India and what are the problems
posed by it?
2. What is the purpose of digital signature? How does it operate and does it serve
its intended purpose.
3.
a. What are Electronic Signature Certificates? [4 Marks]
b. Mamta is a Bengaluru based Software developer. While on holiday in Goa,
she read a newspaper advertisement from Soft services Ltd., Delhi, calling
for bids for a contract. In accordance with the details of the advertisement,
she sends an email, with documents attached, at 11 AM which is received
at the concerned e-mail id at 11:01 AM. The concerned employee reads the
e-mail and downloads the documents at 1 PM and reads the same from his
holiday home in Manali.
Examine and justify the following with the help of relevant statutory
provisions:-
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII & IX
W.T.O. (OPTIONAL)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. Dispute settlement system under the WTO is much more effective than other
dispute resolution mechanisms in International Law. Discuss in light of
essential characteristics of WTO dispute settlement mechanism.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER I
ENGLISH LANGUAGE
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Question No. 1 is compulsory. (ii) Answer any one from Q.2 or Q.3.
(iii) All questions carry equal marks.
1. Read the passage and answer the questions that follow:- [10 Marks]
World history moves in cycles. High ethical times are succeeded by low, decadent
decades. Today we in India are at the nadir of moral values. The size of the crime wave
and armed violence, which is so huge as to baffle criminologists, is symptomatic of our
ethical degradation.
A commercial recession can be quickly transformed into a buoyant economy; but a moral
recession cannot be shaken off for years. The rot in public life began after the death of
Lal Bahadur Shastri and has been increasing at a galloping rate. It has spread so far as
to contaminate the higher judiciary which is the soul of any democracy. Judges are the
noblest servants of society: without them, its fundamental equilibriums cannot be
maintained.
The poisoning of the well-spring of justice began in 1973 when the three seniormost
judges of the Supreme Court, who were independent enough to decide against the
executive in Kesavanandas case, were superseded upon the Chief Justices office falling
vacant. The government expressly proclaimed that it wanted committed judges-
committed to the ideology of the ruling party. That began an era of a judiciary made to
measure. The government looked out for plaint judges who had no more backbone than
a chocolate clair.
Evil is more infectious than AIDS and, if unchecked, progresses with an inevitable
momentum of its own. It is but one step from forsaking intellectual integrity to
forsaking financial integrity. A judge who decides wrongly out of motives of self-
promotion is no less corrupt than a judge who decides wrongly out of motives of
financial gain.
The slide on the inclined plane has been rapid and unmistakable. In the first two
decades of our republic it was the compulsion of veracity, not the fear of the law relating
to contempt of court, which was responsible for the fact that no charges of corruption
were leveled against the judiciary. Now the compulsion of veracity dictates such
charges, in defiance of the Contempt of Courts Act.
It is preeminently a time for deep, national introspection. We must bury our self-esteem
fifty fathoms deep, and be self-critical enough to meet the truth face to face. The Bar is
more commercialized than ever before. It is against all change, specially change for the
better. Today the law is looked upon, not as a learned profession but as a lucrative one.
The due process of law has become less due than tortuous and unending.
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If you lose faith in politicians, you can change them. If you lose faith in judges, you still
have to live with them. The ineluctable fact is that the conduct of some judicial officers
in different courts has been far from exemplary in terms of ethics.
The question is-which is the best way of dealing with a corrupt judge in the higher
courts without creating a crisis of public faith in the judiciary?
The greatest illusion of our people is their infantile belief in the legal solubility of all
problems. In the wise words of Lord Hailsham, the former Lord Chancellor of the UK,
We might do well to remember that in the whole realm of human relations there is no
field more vulnerable to corruption, dishonesty, chicanery, and sheer quackery and
charlatanism than contested litigation, criminal and civil, commercial, matrimonial,
testamentary, or resulting from personal injury, real, imagined, or invented. We might
also do well to consider that few of the safeguards we have achieved against these evils
have been achieved by government interference or by parliamentary legislation. They
have been brought about by the steady application of self-regulatory procedures and
disciplines
It would be foolish as well as dangerous to relax the rigour of the Contempt of Courts
Act, 1971 and permit truth to be pleaded as a defence when an allegation of corruption
is made against a judge. Character assassination is the national sport of India, and
some dissatisfied litigants and lawyers will have no hesitation in making allegations
which would scandalize the court and then inviting the judge to face a public inquiry for
a length of time which would make eternity intelligible.
In the past there have been sufficient instances of the executive interfering in matters
pertaining to the judiciary for ulterior, ill-founded reasons, to dissuade an honest law
minister from establishing another precedent of intermeddling even for well-founded
reasons.
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Perhaps the best way of dealing with the problem is to have a law, or even an unwritten
convention, regarding the procedure to be followed when there are allegations of
corruption against any judge. The matter should be placed confidentially before the
Chief Justice of the High Court for inquiring into the case. If his view is that there is no
substance in the allegations, the matter should be regarded as closed. If he thinks
otherwise, the case should be referred to the Chief Justice of India and two Supreme
Court judges. If the decision of the three judges (which would be final) is adverse, the
errant judge may well regard discretion as the better part of valour and decide not to
continue on the Bench. This would be a dignified and quietly effective way of dealing
with men unworthy of holding high judicial office.
Luckily, the overwhelming majority of our judges in the eighteen High Courts and the
Supreme Court are men of integrity, while some of them combine character with
outstanding caliber.
NANI A. PALKHIVALA
A. How does the author estimate the present scenario as regards moral and
law? [3 Marks]
B. What remedial measures has the author suggested regarding the moral
degradation and values? [3 Marks]
C. Write a short paragraph on the central theme of the passage. [3 Marks]
D. Give a suitable title to the passage. [1 Marks]
2.
A. write the meaning of the following phrase [5 Marks]
i. ACTIONES LEGIS
ii. CANARD
iii. ACTIO PERSONALIS MORITUR CUM PERSONA
iv. PAR IN PAREM IMPERIUM NON HABET
v. CASUS OMISSI
B. DO AS DIRECTED [5 Marks]
i. CHANGE THE VOICE
a. They are doing the work (.5)
b. You are requested to enter by the side door (.5)
ii. FILL UP THE BLANKS OF LEGAL TERM IN ENGLISH
a. Harold Laski has termed jurisprudence as ________ (.5)
b. The Judge means ___________ of a civil court (.5)
iii. GIVE ONE WORD ANSWERS
a. title deeds and other evidence relating to land _______ (.5)
b. a formal suspension of execution of a sentence ________ (.5)
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iv. Write the full form of the abbreviations given
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a. LL.M. (.5)
b. Cr.L.J. (.5)
v. State, which of the following sentences are compound or complex.
a. It is certain that we are late (.5)
b. I laugh, I run, I leap, I sing for joy. (.5)
3.
A. Give the meaning of the following phrases [5 Marks]
i. ANIMO FURANDI
ii. DJ VU
iii. AUDI ALTERAM PARTEM
iv. DELEGATUS NON POTEST DELEGARE
v. STARE DECISIS
B. DO AS DIRECTED [5 Marks]
i. CHANGE THE VOICE
a. Who did this? (.5)
b. They laughed at him. (.5)
ii. Fill up the blanks of Legal Terms in ENGLISH
a. Salmond has used civil law to mean ________ (.5)
b. Every High Court shall be a __________ (.5)
iii. Give one word answer
a. taking of legal action by a party ________ (.5)
b. a deceased person who has made a will ___________ (.5)
iv. Write the full form of the abbreviations given
a. LL.B. (.5)
b. C.L.C. (.5)
v. State, which of the following sentences are compound or complex.
a. He cannot speak nor can he hear. (.5)
b. I must come even if it is raining. (.5)
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER III
CONSTITUTIONAL GOVERNANCE - I
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Refer cases wherever necessary.
In the light of above statement, explain briefly different fundamental duties and
discuss how fundamental duties are being used as an aid to interpretation of
Constitutional provisions.
Q. 2 Judicial review has thus become an integral part of our Constitutional System
and a power has been vested in the Supreme Court and High Courts to decide
about the constitutional validity of the provisions of statutes.
With reference to above statement, define the Law under Article 13 and discuss
the position of pre-constitutional law and post-constitutional law.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER I
SOCIOLOGY (MINOR)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER III
LAW OF CONTRACT - II
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. C advances to D Rs. 5,000 on the guarantee of A. The loan carries
interest at 10% (ten percent) per annum. D becomes financially
embarrassed subsequently. On Ds request, C reduces the interest to 6%
(six percent) per annum and does not due D for one year after the loan
becomes due, D becomes insolvent. Can C sue A?
b. A, finds a horse which carries a reward of Rs. 200 to the finder offered by
B, the owner. A telegraphically informs B about the horse and spends
Rs. 15 thereon. B comes to take the horse after two days and during the
intervening period A spent Rs. 80 on feeding the horse. A returns the
horse to B without insisting prepayment of his lawful charges of Rs. 95
and the amount of reward. Subsequently B refuses to pay. A files a suit
against B for recovery of Rs. 295 will he succeeds?
2.
a. Define the terms agent and principal. Discuss the general rule of
agency. Is consideration necessary to create an agency?
b. What are the rights and obligations of a finder of goods? What is the
nature of the lien which finder of goods has over the goods?
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER V
PRINCIPLES OF TAXATION LAW
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. The incidence of tax is the highest in the case of persons who are resident and
ordinarily resident, lower in the case of persons who are resident but not
ordinarily resident and lowest in the case of persons who are resident. Discuss.
(6 marks) Also determine the law relating to residential status of an individual.
(04 marks)
2. Explain the meaning and characteristics of the term salary as used under the
head income from salaries of the Income Tax Act, 1961. (10 marks)
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII & IX
C.G. JUDICIAL REVIEW (HONOURS)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. Discuss judicial review of constituent power with the help of decided cases in
India. Examine whether there is any limitation on constituent power in India.
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII & IX
CLS CORPORATE REGULATION (HONOURS)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Answers should be well structure and analytical in approach.
Do you agree? Critically discuss the meaning and scope of the term Economic
Development and Regulation? How do you justify that an adequate regulatory
framework or regime creates, maintains faith and confidence among the market
participants, which ultimately fosters the domestic market. [Marks 10]
Do you agree that in the recent past, the Ministry of Corporate Affairs has been
successful in regulating the corporate sector? Justify your answer by talking through its
vision, role and contribution as a major regulator in the market. Also talk about the
scope of the term E-Governance and discuss it in relation to the initiative taken by the
Ministry in the form of MCA21. [Marks 10]
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Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII & IX
IPR TRADE MARKS (HONOURS)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
2. Mr. Patel is in the food colour manufacturing business from 1961 under the trade name Gulab
Food Colours and trade mark Gulab written in black on a pink rectangle. The head office of the
said proprietary concern is in New Delhi and has its market only in Delhi, Punjab, Haryana, H.P,
Uttaranchal, U.P and Rajasthan. Mr. Bhassi is also in the food colouring industry from 1972
under the trade name Tanya Colours and registered trade mark TANYA written in white on a
pink oval. The head office of Tanya Colours is in Gujarat and their market expands throughout
India. In 2000 Tanya Colours came up with multiple shades of pink food colour and started
marketing the same under the trade mark TANYAS GULAB written in white on a pink oval.
The product with the said trademark was advertised throughout India including Delhi, Punjab,
Haryana, H.P, Uttaranchal, U.P and Rajasthan. In 2005 Tanya Colours applied to register
TANYAS GULAB for food colours. Mr. Patel opposed the registration under s.11 of the Trade
Marks Act, 1999, thought he had never opposed its use till filing of the opposition in spite of
being aware of the same. Decide whether TANYAS GULAB is competent to get registration.
3. A) How are certification trade marks protected under the Trade Marks Act, 1999. [4 marks]
B) Pooja invented a low cost hand implement for curling hair and started marketing it as
Twist n Curl. She applies to register the same as trade mark for the said product. Decide
the matter. [3 marks]
C) Mr. Ankur Rastogi is a jeweller dealing only in diamonds. All diamonds he sold were cut
in a unique manner giving them a unique shape. This shape leads to a higher dispersion of
light and hence attracts a lot of customers. Mr. Rastogi made an application to register this
shape as his trademark. Decide the matter. [3 marks]
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII
INTERNATIONAL TRADE LAW (HONOURS)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
3. Critically discuss various theories advocating liberal trade regime. Why does
intervention of the state becomes necessary in the liberal market economy and
trade regime of the country?
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
LL.M.
SEMESTER I
GENERAL PRINCIPALS OF CORPORATE LAW
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
In the light of the above paragraph, critically explain the Doctrine of Separate
Legal Entity of a Company with the help of land mark judgment.
In the light of the above statement, enumerate the circumstances under which
the courts may Lift the Corporate Veil with the help of decided cases.
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Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
LL.M.
SEMESTER III
CORPORATE TAX
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1.
a. Define income and discuss the Tax Structure in India. [5 Marks]
b. What do you mean by charge U/s-4 of IT Act 1961? State the Salient
features of charge with the help of cases. [5 Marks]
3.
a. What do you mean by the term assessee, assessment year and previous
year? [3 Marks]
b. Define and distinguish between Capital receipts and revenue receipts and
elucidate some of the tests for the determination of nature / character of
receipts with the help of cases. [4 Marks]
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER I
LEGAL METHOD
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
(iii) Refer cases wherever necessary.
With reference to above statement, explain meaning of legislation and discuss its
kinds.
In the light of above statement, explain the golden rule of interpretation and
point out difference between golden rule and literal rule of interpretation of
statute.
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Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER III
FAMILY LAW II
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. Discuss the Kartas power of alienation of joint Hindu family property. What will
be the legal consequences of improper alienations?
b. Liability to maintain the wife, children and aged or infirm parents under
the Hindu Adoption and Maintenance Act 1956.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER V
JURISPRUDENCE I
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
a. John Austin
b. Julius Stone
3. Discuss the theory of Voksgeist and critically examine its application in India.
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Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII & IX
C.G. COMPENSATORY DISCRIMINATION (HONOURS)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
2. What are judicially evolved principles to identify the socially and educationally
backward classes of society? To what extent reservation should be provided to
SCs, STs and SEBCs?
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII & IX
CLS CORPORATE RECONSTRUCTION (HONOURS)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. Explain the provisions of the Companies Act, 1956 regarding reduction of Share
Capital. Support your answer with case laws.
2. Companies are prohibited from buying their own shares or financing their
purchase
Comment and analyse this statement mentioning clearly the provisions of the
Companies Act, 1956. Refer case laws also.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER VII & IX
IPR PATENT LAW (HONOURS)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. Explain the concept of patent and its justification? Explain the Historical
Developments of the law regarding patent? Also discuss the major International
Conventions on Patent. (10Marks)
2. State the meaning of novelty, inventive step and utility regarding patentable
Inventions? Write detail note on Non-patentable subject matter? (10 Marks)
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
LL.M.
SEMESTER I
LAW AND SOCIAL TRANSFORMATION IN INDIA
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
2. Half of the Indian Population are women. Women have always been
discriminated against and have suffered and are suffering discrimination in
silence. Self sacrifice and self denial are their nobility and fortitude and yet they
have been subjected to all inequities, inequality and discrimination.
3. How for constitutional principle has been able to provide solution to the problem
of Gender Justice? Discuss relevant provisions of the Constitution in this regard.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
LL.M.
SEMESTER III
CORPORATE RECONSTRUCTION
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. State the conditions required for buy-back of shares. When buy back of shares is
prohibited. Support your answer with case decisions.
3. What do you mean by Corporate Restructuring? Point out and discuss various
facets of organic restructuring in the light of various provisions of the Companies
Act, 1956 with case decisions.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER I
ECONOMICS (MINOR)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
2. Discuss in detail the behavior of Cost curves in Short Run & Long Run.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER III
SOCIOLOGY (MINOR)
INDIAN SOCIETY
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
3. Define Tribe and the problems faced by the tribal community within the society
in form of social exclusion.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - V
ECONOMICS (MAJOR)
LAW, POVERTY AND DEVELOPMENT
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
2. While stating the need of food security to poor people, discuss main provisions of
Food Security Bill 2011. Also give your own comments on those provisions.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - V
SOCIOLOGY (MAJOR)
SOCIAL PSYCHOLOGY
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. What are the errors in Social Cognition which lead to thinking about the society?
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - V
POLITICAL SCIENCE (MAJOR)
INTERNATIONAL RELATIONS
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. Explain the causes which led to the outbreak of Second World War and its
impact on International Relations.
2. International Relations were influenced by the Cold War that dominated the
International Scene after World War II period. Examine this by explaining the
causes and impact of Cold War.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - I
POLITICAL SCIENCE (MINOR)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
Q1. Highlight the difference between the positions of Classical Marxist and Later
Marxists on the functions of the State. Critically evaluate the relevance of their
theories to the understanding of contemporary society.
Q3. Explore the features of the Systems approach to Politics with the help of a case
study. How does it develop on the Post- Behaviouralist approach to the study of
Political Science?
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - III
ECONOMICS (MINOR)
LAW, POVERTY AND DEVELOPMENT
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. The causes of poverty in India are complex but a lot of progress has been made
to tackle them. The Indian Government has initiated several programs to
alleviate poverty but eradication of poverty in India is still considered to be
backbreaking task. Do you agree? Present suitable points to support your view.
2. The remarkable transition to a high growth path during the 10 th five year plan
reinforced the underlying strength of the fundamentals of the economy and
eventually resulted in evolving objectives and strategies for 11th five year plan.
Discuss.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER V
PUBLIC INTERNATIONAL LAW
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
3.
a. What you meant by State under International Law. Explain the different
kinds of States.
b. States are the principal subjects of international law, but not exclusively,
the subjects of international law Examine this statement in the light of
contemporary developments in International Law.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
B.A.LL.B. (HONS.)
SEMESTER - IX
NATIONAL REGULATION OF INTERNATIONAL TRADE (NRIT)
(HONOURS)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
2. What are the duties which an importer has to pay at the time of import under
the Customs Act and the Customs Tariff Act? Have Indian taxes on import ever
been challenged in the WTO? Discuss the case and decisions if yes.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
LL.M.
SEMESTER I
INDIAN CONSTITUTIONAL LAW: THE NEW CHALLENGES
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
2. The concept of State has undergone drastic changes in recent years. Today
State cannot be conceived of simply as coercive machinery wielding the
thunderbolt of authority- Explain this statement on the basis of changing
notion of the concept of State in India.
*****************
Class Roll No. ____
Hidayatullah National Law University, Raipur
Mid Term Examination, September - 2012
LL.M., SEMESTER III
LAW RELATING TO SECURITIES
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: (i) Answer any TWO questions. (ii) All questions carry equal marks.
1. It is the old story. It has been done over and over again.These gentlemen set about
forming a company to pay them a handsome sum for taking off their hands a property
which they had contracted to buy with that end in view. They bring the company into
existence by means of the usual machinery. They appoint themselves sole guardians
and protectors of this creature of theirs, half-fledged and just struggling into life, bound
hand and foot while yet unborn by contracts tending to their private advantage, and so
fashioned by its makers that it could only act by their hands and only see through their
eyes. They issue a prospectus representing that they had agreed to purchase the
property for a sum largely in excess of the amount which they had, in fact, to pay. On
the faith of this prospectus they collect subscriptions from a confiding and credulous
public. And then comes the last act. Secretly, and therefore dishonestly, they put into
their own pockets the difference between the real and the pretended price. After a brief
career the company is ordered to be wound up. In the course of the liquidation the trick
is discovered. We have been learning the lessons of history from the South Sea Bubble
through the Great Crash of 1929 to today.
In the light of the above statement,briefly explain how the Securities Laws evolved in
U.K, U.S and India to address the concern over Securities Frauds.
2. The main object of establishing SEBI was to regulate the Capital market and
protection of investors. The Jurisdiction of SEBI was enlarged to register and regulate a
few more intermediaries and other persons associated with the securities market. The
amendment Act from time to time empowered SEBI to register and regulate the
working of the intermediaries like depositories, custodians for securities and also
certain other persons associated with the securities market like foreign institutional
investors, credit rating agencies and venture capital funds etc. SEBI was also given
blanket authority to regulate other intermediaries or persons, not named specifically in
the statute, by specifying them through a notification. This obviated the need for
amending SEBI Act every now and then to deal with a particular type of intermediary
or a person associated with the securities market that may emerge in future.
In the light of the above statement, briefly sketch out the structure of Indian Capital
Market and explain the role of SEBI In Capital Market with a view to protect the
interest of investors, promote the development of securities market and regulate the
conduct of Intermediaries in Capital Market.