Class Roll No. Hidayatullah National Law University, Raipur Mid Term - July to Nov. 2014.pdfExplain...

Class Roll No. _________________

Hidayatullah National Law University, Raipur Mid Term Examination, September - 2014

B.A.LL.B. (HONS.)

SEMESTER – I

LEGAL METHOD

Max. Marks: 20 Max. Time: 1:30 Hrs.

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

1. “Law is the cement of society and also an essential medium of change. Knowledge of law

increases one’s understanding of public affairs. It’s study promotes accuracy of expression,

facility in argument and skill in interpreting the written words, as well as some understanding

of social value.”

In light of abovementioned statement of eminent writer Glanville Williams; discuss the

meaning and definitions of “Law”. (Marks 10)

2. Explain the classification of Law as mentioned by Salmond. Also differentiate between

National law and International law. (Marks 10)

3. Comment on the functions of Law. (Marks 10)

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – III

SOCIOLOGY (MINOR)



1. Explain the central ideas of G.S.Ghurye regarding the Indian society which was held

together by religion, values and norms of Hinduism. (Marks 10)

2. Though, a number of theories have been advanced to explain the origin of caste in India but

no one properly explains it. Describe the views of Abbe Dubois, Hutton and Ketkar

regarding the genesis of it. (Marks 10)

3. Write Short Notes on the following:- (Marks 5×2=10)

a. J.B. Chitambar’s Classification regarding village settlement.

b. B.K.Roy Burman’s Classification of tribal communities.

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – V

CORPORATE LAW-I



1. (A) Discuss the relevance and the principle involved in the following. (Any-3)

(Marks 3)

I. Smith Stone and Knight v. Birmingham Corp. [1939] 4 All ER 116 (KB)

II. Gilford Motor Co. Ltd. V. Horne [1933] 1 CH 935

III. Macaura v. Northern Assurance Company Ltd. [1925] AC 619

IV. The Bubbles Act

(B.) Carrying the analogy of Constitutional Law a further Prof. Gower describes “The Members in

the general meeting and the Directors are the two primary organs of a Company and compares them

with the legislative and the executive organs of a parliamentary democracy where legislative

sovereignty rests with the parliament while the administration is left with the executive, subject to a

measure of control by the parliament through the power to force a change in the government…”

Justify the above statement with certain examples. In doing so also discuss to the theoretical

foundation of the concept of corporate personality and relate it with the practicality of the concept.

(Marks 7)

2. (A) Write a note on One Person Company (Marks 3)

(B) LORD O’HAGAN – “The original purchase of the island of Sombrero was perfectly

legitimate, and it was not less so because the object of the purchasers was to sell it again, and to

sell it by forming a company which might afford them a profit on the transaction. The law

permitted them to take that course and provided the machinery by which the transfer of their

interests might be equitably and beneficially affected for themselves and those with whom they

meant to deal. But the privilege given to them for promoting such a company for such an object

involved obligations of a very serious kind……..”

Do you agree? With respect to the above paragraph, critically discuss the entire legal position of

promoters giving special mention to the duties and liabilities of a promoter.

(Marks 7)

3. (A) Jindal Industries Ltd. is a listed public limited company manufacturing steel products. The

directors had paid rupees twenty five thousand from the capital of the company as dividend on

the shares held by Mr. Naveen. Later on, due to some reasons the company went into liquidation

and thereafter the liquidators asked the directors to refund the money to the company? Can the

liquidators compel the directors for the repayment of the money? (Marks 2)

(B) The doctrine of Indoor management is eminently practical and is based on business

convenience, for business could not be carried on smoothly if a person dealing with the company

was compelled to call for evidence that all internal regulations have been duely observed. The

doctrine is a silver lining to the strangers dealing with the company.

Do you agree? Discuss the scope, relevance and limitations of the doctrine. Also establish the

relationship of the doctrine with the doctrine of Constructive Notice. (Marks 8)

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – VII

LAW OF EVIDENCE



1. (a) What do you mean by evidence? Explain the various types of evidence under Indian

Evidence Act, 1872. (Marks 8) (b) Hearsay evidence is no evidence. To what extent has the principle of exclusion of hearsay

evidence been adopted in the Indian Evidence Act, 1872? (Marks 2) 2. Write short notes on any two :- (Marks 10)

a. Test identification parade

b. Plea of Alibi

c. Admissibility and relevancy : meaning and distinction between the two

3. Explain the doctrine of Res Gestae in detail. Support your answer with case laws.

(Marks 10)

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – IX

CIVIL PROCEDURE CODE



1. (a) Explain the principle of Res Subjudice as provided under Code of Civil Procedure, 1908

and law regarding its applicability in case of suit pending before a foreign court. (Marks 5)

(b) What is Foreign Judgment? Explain the circumstances under which the validity of

Foreign Judgment can be challenged. (Marks 5)

2. How is Plaint and Written Statement prepared? Discuss the particulars to be contained in

Plaint and Written Statement. (Marks 10)

3. Explain the following:- (Marks 2.5×4=10)

a. Constructive Res Judicata

b. Necessary Party

c. Proper Party

d. Joinder of Causes of Action

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Class Roll No. _________________


B.A.LL.B. (HONS.)

SEMESTER – I

PRINCIPLES OF ECONOMICS (MINOR)



1. The accompanying table gives part of demand schedule for commodity ‘X’ in India.

Price per unit (in Rupees) Quantity Demanded (in units)

130 650

110 800

90 1200

70 1350

With reference to the above table:

a. Examine the nature of relationship between prices of commodity ‘X’ and the quantity

demand for it. (Marks 5)

b. While explaining Total Expenditure Method and Arc Method, calculate price elasticity of

demand for commodity ‘X’ using Total Expenditure Method when its price increases

from Rs 90 to Rs 110. (Marks 5)

2. “Consumer’s marginal rate of substitution at the equilibrium point is equal to ratios of prices

of goods.”Examine the statement with special context to Indifference curves. (Marks 10)

3. Write short notes on the following:- (Marks 5×2=10)

a. Definitions of Economics

b. Degrees of Price Elasticity of Supply

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – III

FAMILY - II



1. Explain the nature and concept behind law of ‘maintenance’ under Hindu law. While

enumerating the persons who are entitled to claim for maintenance under the Hindu

Adoptions and Maintenance Act, 1956, discuss the circumstances in which a Hindu wife may

live separately from her husband and claim for maintenance. Also state when can wife

become disentitled for maintenance? Refer to relevant statutory provisions and case laws.

(Marks 10)

2. What is meant by the expression ‘alienation’? Enumerate the persons who may alienate the

coparcenary property and discuss the circumstances in which karta has been given power to

alienate coparcenary property. (Marks 10)

3. What is the meaning and concept of partition under Mitakshara and Dayabhaga Law?

Discuss the various modes of effecting partition. Also state the rules for allotment of shares.

(Marks 10)

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – V

JURISPRUDENCE - I



1. “There is no unanimity of opinion regarding the scope of jurisprudence. Different authorities

attribute different meanings and varying premises to law and that causes difference of

opinions with regard to exact limits of the field covered by jurisprudence.”

In the context of above statement, discuss the nature and scope of jurisprudence. (Marks 10)

2. “The positivist movement started at the begging of nineteenth century. It represented a

reaction against the a priori methods of thinking which turned away from the realities of

actual law in order to discover nature or reason the principles of universal reality. Actual

laws were explained or condemned according to those principles.”

In the light of above statement, discuss the legal positivism and its application in Indian

context. (Marks 10)

3. Write short notes on:- (Marks 5×2=10)

a. Fuller on natural law.

b. Social contract theory by Hobbes and Rousseau.

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – VII & IX

CG-FEDERALISM



1. “The spirit of constitutionalism rests fundamentally on the principle of limitations being

placed on the powers of the government”.

Justify above statement with reference to legal systems of USA and India pointing out the

modern constitutionalism. (Marks 10)

2. “The real test to ascertain whether a particular Constitution has accepted the federal principle

or not is whether the said Constitution provides for the division of powers in such a way that

the general and the regional governments are each within its spheres substantially

independent of the other”.

In the light of above statement, explain whether Indian Constitution can be characterized as

federal? (Marks 10)


a. Difference between Confederation and Federation

b. Define Constitution

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B.A.LL.B. (HONS.)


T & I – INTERNATIONAL INVESTMENT LAW



1. Briefly explain both the doctrines under International Investment Law as mentioned below:

(Marks 5×2=10)

a. Calvo Dortrine

b. Hull Formula

2. Explain the definition of foreign investment in international investment law. How and why they

are different from portfolio investment? (Marks 10)

3. Explain the application of performance requirement in international investment law and its

impact on economy under WTO regime? (Marks 10)

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Class Roll No. ______________


B.A.LL.B. (HONS.)


CLS-CORPORATE FINANCE



1. Write short notes on:- (Marks 5×2=10) a. Risk and Return (Interrelationship and different approaches)

b. Functions of capital markets

2. What do you mean by the term Financial Management? Critically discuss the nature and

scope of the term Corporate Finance from the perspective of financial management giving

special emphasis on the various decision making processes. Also talk through the basis

objective of a corporate firm along with the concepts and the principles involved in corporate

finance. (Marks 10)

3. In the world of business, capital budgeting is one of the most important steps that a company

can take. Capital budgeting is the process of making a decision about the financial

desirability of a Project.

Discuss the concept, importance and relevance of Capital Budgeting. Critically explain the

various factors affecting the process and also discuss the steps involved. (Marks 10)

*******

Class Roll No. ______________


B.A.LL.B. (HONS.)


IPR-COPYRIGHT



1. Write Short notes on any five of the following (Marks 2 X 5= 10)

a. Internet treaties

b. Rights of author

c. Sweat of brow

d. Doctrine of fixation

e. Name the ‘works protected’ and explain artistic & work

f. Most favored nation (MFN) & national (NT) treatment

2. Explain the following : (Marks 5x2 = 10)

a. Explain in detail the historical development of copyright along with International

cooperation.

b. “Copyright protects the expression of an idea but not the idea itself”. Comment with

relevant case laws.

3. Justify the protection of copyright as an intellectual property and explain the theories.

(Marks 10)

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Class Roll No. _________________


B.A.LL.B. (HONS.)

SEMESTER – I

LAW OF CONTRACT-I



1. Salmond has rightly observed: “The law of contracts is not the whole law of agreements, nor is

it the whole law of obligations. It is the law of those agreements which create obligations and

those obligations, which have their source in agreements.” As well as the definition of Contract

under Section 2 of the Indian Contract Act appears to be built upon a succession of definitions

of the elements which create a contract.” Elucidate the statement and explain what is a contract

and its essentials. (Marks 10)

2. (A) Two or more persons are said to consent what they agree upon the same thing in the same

sense”. Discuss the notion of “consensus” in contract with reference to the following cases:

I. A’s offer to sell his car to B’ for Rs. 10,000 crosses a letter of B’ to A offering to buy

it for Rs. 10,000. (Marks 3)

II. A posted a letter accepting B’s offer to join her service. The next day she posted a

second letter cancelling the acceptance. Both the letters were delivered to B at the

same time. (Marks 3)

(B) Distinguish between offer and invitation to treat. Illustrate your answer. (Marks 4)

3. “In reference to Mohiri Bibi Vs. Dharmodas Ghose discuss contractual liability of a minor

under the Indian contract Act with the help of relevant case laws on following grounds

(Marks 2.5x4=10)

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

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – III

LAW OF TORTS



1. Define tort. What are its essential elements? Distinguish it from crime. (Marks 10)

2. Mr. A is not allowed to cast his vote in parliamentary election forcibly by B. Although the

candidate to whom Mr. A wants to vote, wins, yet, does A has any remedy under Law of

Tort? Explain and justify. (Marks 10)

3. Write short notes on any two: (Marks 5 x 2 =10)

a. Volenti non fit injuria

b. Act of God

c. Necessity

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – V

INTERNATIONAL RELATIONS



1. Define International Relations. Trace the growth and origin of it as an academic discipline.

(Marks 10)

2. Realizing the urgent need for securing international peace and security and accepting

Disarmament and Arms Control as important means, the human kind decided to incorporate

Provisions for Disarmament and Arms Control in the UN Charter. In the light of this

statement define disarmament, State the need for this and analyse the obstacles in its way.

(Marks 10)

3. Write brief note on any two of the following:- (Marks5×2=10)

a. Morgenthau’s explanation on Realist Theory.

b. Difference between New and Old Cold War.

c. ‘Ten Principles of Bandung’ about NAM.

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – V

MONETARY ECONOMICS AND PUBLIC FINANCE



1. Compare Fisher’s version with Pigou’s version of Quantity theory of money. Which of

these two version of the theory do you regard superior and why? (Marks 10)

2. What are the objectives of Central Banking? Discuss functions of Reserve Bank of India.

(Marks 10)

3. Write short notes on any two of the following :- (Marks 5×2=10)

a. Indian Financial System

b. Monetary Policy of India

c. Banking in India

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – V

SOCIAL PSYCHOLOGY



1. Social Psychology is the scientific study of how people’s thoughts, attitudes and behaviours

are influenced by the factors in the social world. Provide am exemplar answer including your

outlook. (Marks 10)

2. Describe how we form impressions of other people, including the role of first impressions as

well as the power of negative impressions. (Marks 10)

3. Short Note:- (Marks5×2=10)

a. Define Variable and discuss the different types of variables usually used in research.

b. Why are secret affairs often very exciting?

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Class Roll No. ______________


B.A.LL.B. (HONS.)


CG-JUDICIAL REVIEW



1. “A Statute will be held unconstitutional only as the last resort. The courts have developed

various principles so that challenges to legislation become difficult”.

Explain the above statement with reference to the various principles developed by the courts

for examining the constitutionality of legislation in India. (Marks 10)

2. Critically examine the scope of judicial review of the executive and judicial powers of the

President under the Indian Constitution. (Marks 10)

3. Write Short Notes on Any Two of the following:- (Marks 5×2=10)

a. Administrative Instructions and Judicial Review in India

b. Grounds evolved by the Judiciary for Judicial review of Tribunal Decisions

c. Origin and development of Judicial Review in USA

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Class Roll No. ______________


B.A.LL.B. (HONS.)


T & I- INTERNATIONAL TRADE LAW



1. Discuss the following:- (Marks 5×2=10)

a. Theory of “Mercantilism” and its criticism

b. Theory of “Absolute Advantage” and its criticism

2. Discuss the following:- (Marks 5×2=10)

a. Theory of “Comparative Advantage” given by David Ricardo, its development and

criticism

b. Comment on the rationale and jurisprudential aspect of “Trade”

3. Write an explanatory note on the government’s intervention in market. (Marks 10)

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Class Roll No. ______________


B.A.LL.B. (HONS.)


CLS-CORPORATE REGULATION



1. What do you mean by the capital market? Explain the various functions of capital

markets. (Marks 10)

2. Write short notes on:- (Marks 5×2=10)

a. Ombudsman

b. Self regulatory organisations (SRO)

3. Discuss the roles of the Reserve Bank of India as regulator. (Marks 10)

*******

Class Roll No. ______________


B.A.LL.B. (HONS.)


IPR-TRADEMARK



1. Addidas is a worldwide popular brand. The trademark is registered as a word mark in five

nations including US and UK.

‘Adi Das & Brothers Pvt. Limited’ are in the business of manufacturing and marketing

household products under Class 21. They are selling the products under the trademark “Adi

Das”. Adi Das & Brothers filed the application for registration on 11.12.2013.

You are examiner of the trademark. Whether you will accept the application or reject

the application of Adi Das.

Identify the kind of trademark and explain the reasons for accepting or rejecting the

trademark application. (Marks 10)

2. SHORT NOTES (any 5) (Marks 2×5=10)

a. Conventional and non-conventional trademarks.

b. Well known trademark

c. Difference between permitted user and registered user of trademark

d. Essential characteristics of trademark

e. Jointly owned trademarks

f. Explain in brief two provisions for absolute grounds for refusal and two for relative

grounds for refusal.

3. Your friend Mr. Micky approached you for registration of his mark ‘gawky’ for his business

of selling confessionary. Detail him the provisions and steps of registration in a well

systematic form. (Marks 10)

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Class Roll No. _________________


B.A.LL.B. (HONS.)

SEMESTER – I

INTRODUCTION TO SOCIOLOGY (MINOR)



1. In attempting to understand social behaviour, Sociologists rely on an unusual type of creative thinking. C. Wright

Mills described such thinking as the sociological imagination—an awareness of the relationship between an

individual and the wider society. This awareness allows all of us (not just sociologists) to comprehend the links

between our immediate, personal social settings and the remote, impersonal social world that surrounds us and helps

to shape us. Inscribe an exemplar answer with your viewpoint. (Marks 10)

2. Sociology as a science that deals with social groups, their mental forms of organization, and

the processes that tends to maintain or change these forms of organization and relations

between groups, explain with examples. (Marks 10)

3. Write short notes (Marks 5×2=10)

a. Role of informal means in social control

b. Synthetic School and Sociology

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – III

CONSTITUTIONAL GOVERNANCE-I



1. Critically examine the concept of “State” as defined in Article 12 of the Indian Constitution.

Do you think that Supreme Court with a view to bringing under discipline of fundamental

rights has widened the net of expression “other authorities” to cover bodies and institutions

irrespective of the fact that they are created by a statute or under a statute? Discuss with the

help of important judicial pronouncements. (Marks 10)

2. Discuss the constitutional procedure that should be followed in the following situations:

a. Certain area falling within the territory of Nepal has been acquired by the Government of

India and this acquired area has to be merged within the state of Uttaranchal. (Marks 3.5)

b. A certain compromised area in the State of Gujarat has to be transferred to the

Government of Pakistan. (Marks 3.5)

c. The State named Bodoland has to be formed by separating some territory from the State

of Assam. (Marks 03)

3. Write short notes:- (Marks 5×2=10)

a. Importance of Preamble in Indian Constitution.

b. Whether Indian Constitution is, Federal or Unitary? Discuss.

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – V

PRINCIPLES OF TAXATION



1. (A) “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 not resident.”

In the light of above statement discuss as to how far the residential status affects the

incidence of income tax? (Marks 05)

(B) What do you mean by perquisites? Discuss different types of perquisites and its

taxability. (Marks 05)

2. (A) During the previous year 2013-2014, Gokul was in India for 80 days and during four

immediately preceding the relevant previous year, he was in India for 364 days as shown

below:

Years No. of Days stayed in India

2009-10 130

2010-11 75

2011-12 59

s2012-13 100

Calculate the residential status of Gokul. (Marks 04)

(B) Explain the meaning and concept of taxation and discuss different types of taxes in India.

(Marks 06)

3. Write short note on any two of the following: (Marks 5x2=10)

a. Residential Status of Hindu Undivided Family.

b. Concept of Income under the Income Tax Act, 1961

c. Assessee

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Class Roll No. ______________


B.A.LL.B. (HONS.)


COMPETITION LAW (Opt.-I)



1. Explain the following: (Marks 5x2= 10)

a. Horizontal agreements

b. Rule of reason and Per se rule

2. Attempt the followings: (Marks 5 x 2= 10)

a. Explain in detail the objectives and structure of Competition Act, 2000.

b. Discuss the kinds of market structures.

3. Explain the following:- (Marks 5×2=10)

a. Discuss bid rigging along with case law and explain the kinds of bid rigging

b. Explain the Cartelization of enterprises.

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Class Roll No. ______________


B.A.LL.B. (HONS.)


BANKING LAW (Opt.-I)



1. “Broadly speaking, a Customer is a person who has the habit of resorting to the same place or

person to do business. So far as banking transactions are concerned he is a person whose

money has been accepted on the footing that the Banker will honour up to the amount

standing to his credit, irrespective of his connection being of short or long standing.”

In the light of the above statement, identify who is a customer and find out the relevancy of

the “Duration Theory” to constitute a person as customer of a particular bank in the present

era with the relevant case laws. (Marks 10)

2. What do you understand by Negotiable Instrument? What are the Kinds of Negotiable

Instruments under the N.I. Act, 1881 and explain the salient features of a Negotiable

Instrument. (Marks 10)

3. “A sensible man should deposit his money with a person of good family, of good conduct,

well-acquainted with the law, veracious, having many relatives wealthy and honourable”.

In the light of the above statement, examine the true meaning of Banker in the context of

modern banking system and also briefly discuss the general relations between Banker and

Customer. (Marks 10)

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Class Roll No. ______________


B.A.LL.B. (HONS.)


INTERNATIONAL COMMERCIAL ARBITRATION (Opt.-I)



1. What do you understand by the expression Alternative Dispute Resolution? What are the reasons

for the growth and development of this concept? Discuss the advantages and disadvantages of

this system of dispute resolution. (Marks 10)

2. Write short notes on:- (Marks5×2= 10)

a. Choice of Law

b. The Seat Theory

3. What is the relevance of arbitration agreement in arbitration proceedings; discuss the essential

elements of arbitration agreements. Refer to relevant case laws. (Marks 10)

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Class Roll No. ______________


B.A.LL.B. (HONS.)


CYBER LAW



1. “Due to increase in the number of netizens, misuse of technology in the cyberspace was

clutching up which gave birth to Cyber crimes at the domestic and international level as

well”.

With reference to above statement, discuss the need for Cyber Law pointing out the Cyber

Jurisprudence at International and Indian level. (Marks 10)

2. “The Budapest Convention on Cyber crime is an international treaty that seeks to harmonize

national laws on cyber crime, improve national capabilities for investigating such crimes, and

increase cooperation on investigations”.

In the context of above statement, discuss the salient features of Budapest Convention on

Cyber crime. (Marks 10)

3. Write short notes:- (Marks 5×2=10)

a. Computers and its impact on Society

b. Asia-Pacific Economic Cooperation (APEC)

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Class Roll No. ______________


B.A.LL.B. (HONS.)


CRIMINOLOGY & PENOLOGY (Opt.-I)



1. Define the term criminology and also discuss the contribution of various schools in the

development of criminology.

2. Discuss the concept and contribution of pre classical school and also compare it with

classical school of criminology.

3. What do you mean by the term ‘investigation of crime’ and discuss in brief the various steps

of investigation.

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Class Roll No. _________________


B.A.LL.B. (HONS.)

SEMESTER – I

GENERAL AND LEGAL ENGLISH



1. What do you mean by Drafting? Write down the problems of Drafting and the suggestions

for admissible drafting. (Marks 10)

2. A. Write the meaning of the following :- (Marks 05)

i. Jus tertii

ii. Beneficium ordinis

iii. Ipse dixit

iv. De lucaranda dote

v. Brevitatis causa

B. Write 44 sounds (phonemes) of English with an example each. (Marks 05)

3. A. Write the following statements, adding the necessary question tag. (Marks 03)

i. She won’t come.

ii. They have never been to Delhi.

iii. I cut my finger very often.

B. Categorize words according to their primary accent. (eg. examination – forth syllable)

academician, academic, responsible, photographic. (Marks 02)

C. Write the full form of the abbreviations given below: - (Marks 02)

i. LL.B.

ii. C.M.L.J.

D. What do you mean by conveyancing and the ingredients of conveyancing? (Marks 03)

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – III

LAW, POVERTY & DEVELOPMENT (MINOR)



1. While discussing causes of poverty in India, first explain different concepts of poverty.

(Marks 10)

2. Discuss different indicators of development. Where India stands on each indicator of

development? (Marks 10)

3. Write short notes on any two of the following :- (Marks 5×2= 10)

a. Rural poor in India

b. Food Security in India

c. Law and Poverty.

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – V

INDIAN PENAL CODE



1. What are different elements of crime? In the light of the facts and decision of the State of

Maharashtra v. Mayer Hans George (1965 AIR 722) explain the ‘Mens Rea’ as an element

of crime. (Marks 4+6=10)

2. (A) After the capsizing of the ship a person (Mr. A) has somehow remain afloat by holding a

wooden plank and then another person (Mr. B) swims across and catches hold of same

wooden plank due to which the wooden plank starts going down into water. Upon this, the

earlier person (Mr. A) pushes the later one into the sea due to which he died due to drowning.

Discuss the case and decide the liability of Mr. A. (Marks 06)

(B) Under the Indian Penal Code, 1860 right to private defence of the body extends to the

voluntarily causing of death. True or False? Explain. (Marks 04)

3. Explain following : (Marks 4+3+1+2)

a. Common Intention

b. Abetment by Conspiracy

c. Abetment of an offence is also an offence.

d. Infancy

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Class Roll No. _________________


B.A.LL.B. (HONS.)

SEMESTER – I POLITICAL THEORY (MAJOR)



1. Define politics and differentiate it from political science. Also discuss the liberal, Marxist

and modern view of politics as interpreted by the scholars belonging to the respective

schools of thought. (Marks 10)

2. What do you mean by an approach? Discuss the structural-functional approach to studying

political science and its advantages and disadvantages. (Marks 10)

3. Write Short notes on any two of the followings:- (Marks 5×2=10)

a. Relationship between history and political science

b. Behavioural Revolution in Political science

c. Inductive Method of Studying Politics

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Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – III INDIAN POLITICAL SYSTEM: INSTITUTIONAL AND POLITICAL DYNAMICS (MAJOR)



1. “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. (Marks 10)

2. “The Prime Minister is the keystone of the cabinet arch.” Examine this statement in the

context of the relationship between the Prime Minister and the Union Council of Minster.

(Marks 10)

3. Write short notes on any two of the following:- (Marks 5×2=10)

a. Preamble to the Constitution of India

b. Fundamental Duties

c. National Emergency under Article 352

*******

Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – V

LABOUR LAW-II



1. (A) Discuss, under what circumstances the employer shall not be liable to pay compensation

under Employee’s Compensation Act, 1923? (Marks 05)

(B) A bomb placed in the premises of a workshop by some unknown person exploded and

caused injury to a workman .Whether workman is entitled to get compensation under the

Employee’s Compensation Act, 1923? Discuss with the help of provisions. (Marks 05)

2. (A) Discuss about sickness benefit and the conditions to be observed to avail the benefit

under the Employee’s State Insurance Act, 1948. (Marks 06)

(B) Defines ‘Wages’ under Employee’s State Insurance Act, 1948. (Marks 04)

3. Write short notes on the following :- (Marks 5×2=10)

d. Immediate Employer.

e. Occupational diseases.

*******


B.A.LL.B. (HONS.)

SEMESTER – VII

Criminal Procedure Code (Cr.P.C.)



1. Explain the meaning of ‘arrest’ and discuss the circumstances in which arrest of a person

becomes necessary. Also discuss the rights of arrested person. Refer to relevant cases.

(Marks 10)

2. What is the rationale for making the provisions in the Code of Criminal Procedure, 1973 for

maintenance of certain persons? Enumerate the persons who can claim for maintenance and

against whom such maintenance is claimed? Discuss the essential requirements for

succeeding in a claim for maintenance. (Marks 10)


a. Classification of offences

b. Functionaries under the Code

*******

Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – VII

Criminal Procedure Code (Cr.P.C.)



1. Explain the meaning of ‘arrest’ and discuss the circumstances in which arrest of a person

becomes necessary. Also discuss the rights of arrested person. Refer to relevant cases.

(Marks 10)

2. What is the rationale for making the provisions in the Code of Criminal Procedure, 1973 for

maintenance of certain persons? Enumerate the persons who can claim for maintenance and

against whom such maintenance is claimed? Discuss the essential requirements for

succeeding in a claim for maintenance. (Marks 10)


a. Classification of offences

b. Functionaries under the Code

*******

Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – IX

COMPETITION LAW (Opt.-II)



1. Certain agreement by way of joint ventures, if increases efficiency in production, supply,

distribution and technological development will not be presumed to have appreciable adverse

effect on competition. Explain. (Marks 10)

2. Attempt the following (Marks 5x2= 10)

a. Explain the term ‘Agreement’ and the kinds of agreements which can have anti

competitive effect on market.

b. Explain the market structures and relation of oligarchy (oligopoly) market and the

formation of cartel.

3. Explain the object of competition law and :- (Marks 5×2=10)

a. The relevant markets ;

b. Agreements under the competition law.

*******

Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – IX

BANKING LAW (Opt.-II)



1. “Bank and the banking system evolved into a vital socio-economical institution in the

modern age and backbone of any country.”

With reference to the above statement explain the evolution of banking and its history in

India. (Marks- 10)

2. Write short notes on the following:- (Marks 3+3+4=10)

a. National Credit Council

b. Priority Sector Lending

c. Narasimham Committee Report

3. The purpose of imposing Social Control over banks was to ensure that banks would cater to

the needs of the neglected weaker section of the community instead of big business houses.

But though the purpose was laudable but it didn’t yield the desired result, rather paved the

path for Nationalization of banks. Elucidate the statement and discuss about Social Control

and Nationalization of banks with arguments for and against it. (Marks 10)

*******

Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – IX

INTERNATIONAL COMMERCIAL ARBITRATION (Opt.-II)



1. Explain the need for ADR in general in the context of delay in dispensation of justice?

(Marks 10)

2. Define Arbitration Agreement? Discuss the essential elements of arbitration agreement &

who can enter into arbitration agreement. (Marks 10)

3. Write short notes on the following: (Marks 5×2=10)

a. Choice of Law

b. Lex Mercatoria

*******

Class Roll No. ______________


B.A.LL.B. (HONS.)

SEMESTER – IX

CRIMINOLOGY & PENOLOGY (Opt.-II)



1. Explain the concept of Criminology and also discuss the contribution of Classical School in

the development of Criminology. (Marks 10)

2. Critically analyse the concept of Positive School of Criminology with special reference to

Indian scenario. (Marks 10)

3. Under the police system of India critically analyse the difficulties faced by the Investigating

Officer or any other person authorised by magistrate for the purpose of investigation from the

point of view of criminology. (Marks 10)

*******

Class Roll No. Hidayatullah National Law University, Raipur Mid Term - July to Nov. 2014.pdfExplain...

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