B.A.LL.B. VI Sem 2013-14 ET PDF
B.A.LL.B. VI Sem 2013-14 ET PDF
B.A.LL.B. VI Sem 2013-14 ET PDF
/VI Sem/2013-14/ET/CL-I
Time - 03 Hours (2008 Batch) Max-Marks :- 70
April - 2014
Corporate Law-I
Note: I. The question paper is divided in 2 parts i.e. Section A and Section B.
II. The Examinee is required to attempt any 4 (four) questions from Section A and any 2 (two)
questions from Section B.
III. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
3. What is meant by ‘Lifting the Veil’? Explain with reference to some cases?
4. What is Doctrine of ‘Ultra Virus’ with reference to Corporate Acts? Illustrate with
case law.
5. Describe impact of holidays declared under N.I. Act, while calculating default in
allotment of Shares /Debentures? Which authority decides whether a holiday should be
under N. I. Act or not?
6. Whether a company can change its name and Registered Office? If yes, HOW?
(SECTION – B) (02X05)
Write Shorts Notes:-
7. An Indian company as an Indian citizen.
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Roll No:-…………………. DR. RMLNLU, LKO B.A.LL.B./VI Sem/2013-14/ET/CL- II
Time - 03 Hours Max-Marks :- 70
April - 2014
Corporate Law-II
Note: IV. The question paper is divided in 2 parts i.e. Section A and Section B.
V. The Examinee is required to attempt any 4 (four) questions from Section A and any 2 (two)
questions from Section B.
VI. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
11. Discuss the provisions of the Companies Act, 2013 as enshrined in Section 235
relating to takeover of a Company by acquisition of its shares. Also enumerate the rights
of shareholders dissenting to the scheme of acquisition.
13. What do you understand by the term ‘Charge’? Distinguish between ‘fixed charge’
and ‘floating charge’. When a floating charge does crystallize?
14. Define “Capital Account transactions” and discuss in detail permissible capital
account transactions in relation to persons resident in India and resident outside India.
15. Discuss in detail the provisions of the Company Act, 2013 relating to revival and
rehabilitation of Sick Companies.
16. “It’ is not the dominant position but its abuse that is prohibited under the
Competition Law.” In the light of the above statement discuss the provisions of the
Competition Act, 2002 relating to abuse of dominant position.
(SECTION – B) (02X05)
17. Write a note on Annual General Meeting under the Companies Act, 2013.
18. What is Book Building Method (Dutch Auction Method) of issue of Securities?
19. Discuss Predatory Price.
20. Designated Partners and their liabilities in a Limited Liability Partnership
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(SECTION – A) (04X15)
1. a) Discuss the conditions applicable for the doctrine of Res judicata.
b) Mr. Arjun sued Mr. Sumit for possession of property situated at Gaziabad (UP) on the basis of title
of own ship. The suit was dismissed by the district court of Gaziabad. Mr. Arjun again brought a
civil suit claiming the possession of the same property as mortgagee in the same court after one
year of the decision of former suit. He also claimed manse profit from Mr. Sumit. Can Mr. Arjun
get succeed? Discuss in light of relevant provisions of the code of civil Procedure
2. a) What do mean by Admission, Return and rejection of plaint?
b) Decide in the following cases with appropriate justification, whether there shall be admission or
return or rejection of plaint by the court.
i) When plaint is not signed by plaintiff or not authorized any other to sign.
ii) If a plaint has been presented in the civil court which is insufficiently stamped
iii) If a plaint has been presented in the civil court which does not have the jurisdiction with regards to
the subject matter.
iv) If a plaint has been presented in the court in which only two relief claimed instead of four calims.
v) If a plaint does not disclose the cause of action.
3. a) What is Ex- parte Injunction?
b) Describe the principles governing for grant of Temporary Injunction under Order XXXIX of the
Code of Civil Procedure 1908.
4. a) What is memorandum of Appeal, cross appeal and cross objection?
b) Describe the power of remand of the Appellate Court.
5. Describe the various provisions related with procedure in Execution. When the executing court can
grant the order of stay of execution of decree?
6. a) “Vigilanbibus non dormentibus jura survenient” Explain this maxim in light of various provisions
of Indian limitation Act, 1963.
b) When can the court grant extension of prescribed period of preferring any appeal or making any
application?
(SECTION – B) (02X05)
7. What do you mean by Mis-joinder and Non-joinder of Parties?
8. It is a fundamental rule that a decree of a court without jurisdiction is Coram non
judice. Any objection to jurisdiction to be raised at the earliest possible opportunity
otherwise they will not be entertained in appeal or revision for the first time. Discuss in
brief.
(SECTION – A) (04X15)
21. How will you decide that suit is of a civil nature? Are the following suits of a civil
nature?
22. What is set-off? Discuss the provisions regarding set-off as provided under the Civil
Procedure Code. Distinguish between legal and equitable set off.
23. Define summons. What are the objects of service of summons? What are the modes
of affecting service of summons on defendants and witnesses?
24. “Whereas an appeal is matter of right, revision is available only under certain
circumstances and limitations”. Discuss.
25. Explain the doctrine of ex capito res judicata and res sub judice. Distinguish
between res judicata and estoppels.
26. “Once period of limitation starts to run no subsequent disability can stop it”.
Explain.
Or
(SECTION – B) (02X05)
27. Define decree and discuss kinds of decree
29. What are the grounds for setting aside ex parte decree?
(SECTION – A) (04X15)
41. Student association offers a T-shirt to visitors in RMLNLU. The shirt reads,
“Someone went to RMLNLU and got me this shirt because they love us very much.” The
shirt has simple illustrations of RMLNLU campus. Seeing the popularity, an online
vendor comes out with a shirt reading, “Someone who loves me went to RMLNLU and
got me this shirt.” The short also has simple representations of RMLNLU campus. But
the overall arrangement of the elements in the two is entirely different. Did the second
vendor copy protected expressions? Analyse on the basis of idea-expression dichotomy
with relevant case law.
42. Footfall forum runs a web page devoted to the discussion on football games and
players. It finds articles from different blogs, newspapers, magazines and other places. It
posts the entire texts, along with the pictures. It gives correct attribution of the sources,
but does not seek permission from the copyright owners. It permits visitors to post
comments but it does not seek any financial advantage. It does not run ads, sells
information etc. Some of the material however requires registration or paid subscription.
It also posts texts that are not available online. Is footfall protected by fair use? Analyse
on the basis of relevant principles and case law.
43. Sometimes intellectual property is considered to be a monopolistic regime. Do you
agree with the statement, answer with reasons for the same elaborating upon what a
monopolistic regime is and how it can be avoided, if so, in the realm of IPR.
44. Sony is renowned for electronic appliances around the globe. Another company in
footwear’s had come up with the brand SONY for their products. Is latter liable for
passing off despite the fact that the products are dissimilar. Elaborate upon what is
passing off, the essential elements of the same along with the relevant case law.
45. An Indian trader is dealing in imported APPLE products which were sold at a
cheaper price in Bangladesh. He does not have any authorization from Apple Inc., for
selling those products in India. In a suit for trademark infringement the trader claims
exhaustion of rights as a defense. Discuss whether trader is liable for trademark
infringement.
46. Discuss the permissibility of cross category claims under the Geographical
Indication law in view of Tea Board, India v. ITC Ltd.
P.T.O.
(SECTION – B) (02X05)
47. Prashant, a full time photo journalist for a film magazine leaves his camera in the
office while he goes for a stroll. Suddenly, he notices that Imtiaz Ali, a reclusive
filmmaker, is heading towards him. Prashant grabs a camera out of the hands of a tourist
and quickly take four pictures. Tourist then grabs back the camera and vanishes. Prashant
learns that tourist is selling the pictures to other magazines. Tourist argues that because
the photo’s was made with his camera, the copyright belongs to him. Determine the
ownership of the copyright in photos.
48. What kind of marks are these, answer along with reasons:
a. PC for computers
b. Lamb for publishing house
c. Copper 10 for sun tanning cream
d. Perfect for razors
e. Fast relief for pain relief ointment
49. Discuss the author’s right of integrity under the copyright law.
50. A bike company is seeking registration upon the sound of the engine that is
essentially due to the calculated dent in the exhaust pipe and not due to the functioning of
the engine. Can they obtain the same?
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Roll No:-………………………… DR. RMLNLU, LKO B.A.LL.B./SemVI/2013-14 /ET/LoE
Time - 03 Hours (2008 Batch) Max-Marks :- 70
April - 2014
Law of Environment
Note:
XIX. The question paper is divided in 2 parts i.e. Section A and Section B.
XX. The Examinee is required to attempt any 4 (four) questions from Section A and any 2 (two)
questions from Section B.
XXI. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
55. Discuss the role played by PIL as a tool to protect natural environment with the help
of case law.
56. Explain the principle of sustainable development discussing its legal significance.
(SECTION – B) (02X05)
59. Protected areas under the Wild Life (Protection) Act of 1972.
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Roll No:-…………………………... DR. RMLNLU, LKO B.A.LL.B./VI Sem/2013-14/ET/D.P.& C.
Time - 03 Hours Max-Marks :- 70
April - 2014
Drafting, Pleading & Conveyance
Note:
XXII. The question paper is divided in 2 parts i.e. Section A and Section B.
XXIII. The Examinee is required to attempt any 4 (four) questions from Section A and any 2 (two)
questions from Section B.
XXIV. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
61. According to the fundamental rules of pleading, “state the facts only the Material
Fact, not evidence” and “Not Law” Explain this statement with suitable illustrations and
cases.
62. Mr. L is a tenant on first floor bearing No. 6, Civil Lines, Allahabad for five years
inducted by Mr. R, the landlord, residing on ground floor of the property; @ Rs. 10,000
per month. Landlord threatened the tenant for forcible dispossession or, in the alternative,
to increase the monthly rent to Rs. 20,000. The tenant had been paying regularly the lease
money and only two years time had expired. Draft a suit for injunction on behalf of tenant
for interim relief.
63. Draft a sale deed for the sale of the house situated at A-76 Vijay Khand Gomti
Nagar Lucknow, between Mr. J, the absolute owner of the house, and Mr. H, who agreed
to purchase the said house for Rs. 15 lakh only.
64. What do you understand by conveyance and deed? Discuss the essential
components of deed.
65. Pooja married Surender about 2 years back at Lucknow. Pooja is a computer
operator and Surender a Govt. employee, who was a widower at the time of marriage
having one issue. This fact was concealed from Pooja, and from the very beginning
Surender used to suspect his wife of extra-marital relations. Now both are not in a
situation to live together and are mutually ready for divorce. Draft a petition accordingly.
66. A case has been registered against Mr. K, an MBBS doctor, under section 406, 498-
A of Indian Penal Code for the criminal breach of trust and cruelty by his wife, Mrs. B,
vide F.I.R. No. 45/2014 in police station, Hazarat Ganj. He has been arrested by police on
15/06-2013 and is in custody since then. Draft a bail application on behalf of Mr. K.
(SECTION – B) (02X05)
67. The court issues summons against A and B under section 27 and 30 of CPC but they
do not appear before the court. What steps can be taken against A and B by the court for
non appearance in the court?
68. What do you understand by ‘set-off’ and ‘counter claim’? What are the differences
between them?
69. Draft a notice under Section 80 CPC, 1908 on assumed facts.
70. Mr. P is the owner of an immovable property i. e. House No. A-12, LDA colony,
Lucknow and intends to go out of India for 5 years. He proposes to appoint his brother
Mr. A to sell the above mentioned property only on his behalf, and receive the sale
consideration and to execute deed, etc. Draft an appropriate Power of Attorney on behalf
of Mr. P.
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Roll No:-…………………………. RMLNLU, Lko B.A.LL.B./VI Sem./2013-14/ET/PIL-II
Time - 03 Hours (2008 Batch) Max-Marks :- 70
April - 2014
Public International Law-II
Note:
XXV. The question paper is divided in 2 parts i.e. Section A and Section B.
XXVI. The examinee is required to attempt any 4 (four) questions from Section A and any 2 (two)
questions from Section B.
XXVII. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
71. The use of force to achieve self-determination has been claimed as legitimate on the
ground that it furthers the principles of the Charter. Comment.
72. Discuss the nature of Territorial Sea and Contiguous Zone.
73. Whether declarations made by way of unilateral acts, concerning legal or factual
situations, may have the effect of creating legal obligations? Discuss with relevant case
laws.
74. Do you think that reciprocity is a critical element of treaty? Discuss with respect to
human rights treaties.
75. Discuss the regime of Exclusive Economic Zone.
76. What is the distinction between de facto and de jure recognition?
(SECTION – B) (02X05)
Explain/Comment-
77. Active Nationality Principle
78. Stimson Doctrine
79. Subjective Territoriality Principle
80. Continental Shelf
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DR. RMLNLU, LKO B.A.LL.B./VI Sem/2013-14/ET/AL
Time - 03 Hours April - 2014 Max-Marks :- 70
Administrative Law
Note:
XXVIII. The question paper is divided in 2 parts i.e. Section A and Section B.
XXIX. The Examinee is required to attempt any 4 (four) questions from Section A and any 2 (two)
questions from Section B.
XXX. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
81. Critically evaluate the provisions of the Lokpal and Lokayuktas Act, 2013. Do you
feel that the Act will be able to achieve their objectives? Give reasons for your answer.
82. What do you mean by ‘rule of law’? Explain the contemporary concept of rule of
law in India with the help of case of law.
83. What do you mean by constitutionality of Delegated Legislation? Discuss with the
help of relevant case law.
84. “Administrative law deals with the structure, powers and functions of the organs of
administration, the limits of their power, the method and procedure followed by them in
exercising their powers and functions, the methods by which their powers are controlled
including the legal remedies available to a person against them when his rights are
infringed by their operation”.
In the light of above statement, describe the nature and scope of the Administrative
Law and also point out the relationship between Constitutional Law and Administrative
Law.
85. “There is a shift in judicial perception and mandamus can be issued even if
performance of duty by the state is discretionary. However if the authority is under law
obliged to exercise a discretion mandamus would lie to exercise it in one way or the
other”.
In the light of above statement, describe the essential conditions for issuing the writ of
mandamus. Give the relevant cases and also discuss the certiorarified mandamus.
86. Explain the concept of “Delegated Legislation”. What are the control mechanisms
by which the delegated legislation may be checked? Discuss the parliamentary control
over delegated legislation.
(SECTION – B) (02X05)
(SECTION – A) (04X15)
91. What do you mean by ‘watershed’ in Administrative Law? Discuss with the help of
Constitutional provisions.
92. Discuss the salient features of Right to Information Act, 2005. Do you agree that
Right to Information Act, 2005 has secured access to information under the control of
public authorities? Give reasons for your answer.
95. What do you mean by ‘Public Corporations’? Assess their importance in modern
times. Discuss the Constitutional and legal position of corporation in India.
96. Discuss in detail the grounds for the issue of the writ of mandamus. Give case-law
in support of your answer.
(SECTION – B) (02X05)
Write short notes on any two:
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