Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VI Sem.

/ET/April-18/LOP
Time - 03 Hours Max-Marks :- 70
April - 2018
Law of Property-II
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)

1. Discuss the rights and liabilities of a seller and a buyer before and after completion of
sale.
2. A mortgagor’s indefeasible right of redemption is well expressed in the maxim “once a
mortgage always a mortgage” and further buttressed by the doctrine of clog on
redemption. Explain.

3. What are the essential elements of a valid lease? Elaborate the different ways in which a
lease may be determined.

4. The doctrines of marshalling and contribution rest upon the great ethical maxims “sic
utere tuo ut alienum non-laedas” and “qui sentit commodum sentire debt et onus”
respectively. Analyze referring to the relevant provisions of the Transfer of Property Act.
5. Define gift and discuss the essentials of a valid gift. Can a gift be suspended or revoked?
If yes, on what grounds?
6. Write short notes on any two of the following:
(i) Doctrine of subrogation
(ii) Rights of a lessee
(iii) Liabilities of a mortgagor

(SECTION – B) (02X05)
7. Explain ‘Redeem up foreclose down’.
8. What do you understand by the doctrine of tacking?
9. Define onerous gift and universal donee. Illustrate giving suitable examples.
10. Enumerate the characteristics of usufructuary mortgage and differentiate it with
zuripeshgi lease.
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Enrollment No. …………………. DR. RMLNLU, LKO B.A.LL.B./VI Sem./ ET/ April-18/B&IL
Time - 03 Hours Max-Marks :- 70
April - 2018
Banking & Insurance Law
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.
(SECTION – A) (04X15)
1. “The Public ownership of the major banks will help most effectively the mobilization and
development of national resources and its utilization for productive purposes in
accordance with the plans and priorities” In the light of the above statement, discuss the
Bank Nationalization case and its impact on the reformation of banking sector in India.
2. Discuss in detail, the provisions of the Banking Regulation Act, 1949 pertaining to the
conditions and the latest norms regarding the New Bank Licensing Policy under which
the R.B.I. may extend license to Banking Company.
3. What are selective credit control methods of Reserve Bank of India? Explain the working
of any two quantitative methods of credit control in India.
4. How have the Debt Recovery Tribunals expedited the recovery of bad loans by Banks and
Financial Institutions? Amplify the procedure and mode of recovery of debts of the
Tribunal constituted under the Recovery of Debt due to Banks and Financial Institutions
Act 1993.
5. Explain how subrogation supports the principle of Indemnity and what rights insurers
have on being subrogated? When can the insured retain the proceedings in his own hand?
Support your answer with the help of case law, if any.
6. Merry Johnson obtained a 20 years non-medical insurance. This kind of policy dispenses
with the medical examination of the applicant usually required in ordinary life policies.
However two months prior to the issuance of the policy, Merry was operated for cancer,
involving meningitis of the right side of the brain. She did not make a disclosure there of
in her application for insurance. On the contrary, she stated therein that she did not have,
nor she ever had, among other ailments listed in the applications, cancer or other tumours.
Sometime after, Merry Johnson died of pneumonia, secondary to influenza. Applicants,
who are her surviving husband and minor child, demanded payment of face value of the
policy. The claim was rejected and hence an action was subsequently instituted.

Decide whether or not the insured made such false representation of material facts as to
void the policy by giving your justifications. Elaborate the answer by explaining the
doctrine of good faith with reference to the duty of disclosure of material facts by the
insured to the insurer. Cite the classical case of Carter v Boehm.(1766 AII ER)
(SECTION – B) (02X05)
7. Distinguish between 'insurance contracts' and 'wagering agreements'.
8. “Exclusion of Proximate cause rule” in the contract of Insurance.
9. State, giving brief reason, whether a banker can disclose information related to account of
its customer to the following persons:
(i) Guarantor
(ii) Another banker
(iii) Income tax authorities
(iv) Reserve Bank of India
10. Concept of Insurable Interest.
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 Enrollment No……………………………. DR. RMLNLU, LKO B.A. LL.B./VI Sem./ET/April-18/CL
Time - 03 Hours Max-Marks :- 70
April - 2018
Corporate Law
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. (a) Dinara Clothing Pvt. Ltd was incorporated in the year 2010 with an authorized capital
of INR 80 million divided into 8 lakhs shares of face value of 100 each. 95 percent
of the Company’s shares are owned by Mr. Rehan. The company owns huge property
including a number of residential properties in the city of Shimla. Mr. Rehan married
Ms. Anam in the year 2013. However, they filed for divorce. Ms. Anam is seeking
alimony from her former spouse and needs your advice on the status of residential
properties situated in Shimla for calculation of the alimony. Advise Ms. Anam in light
of the relevant legal provisions and judicial precedents.
(b) What are entrenchment provisions? How are they significant for protecting the
interests of minority shareholders of the company? (09+06)
2. The doctrine of ultra vires and the proposal for an unrestricted objects clause in the
Companies (Amendment) Bill, 2016 represent two ends of the spectrum in the evolution
of objects clause. Examine this critically, focussing on the problems with both the
approaches.
3. Ms. Shifah, who is a promoter of a company Cadence Ltd., invested a sum of INR 5
million in Unique Pvt. Ltd. pursuant to which she was allotted equity shares of the
company and accordingly, she held around 20 percent of the total issued equity share
capital of the company and was also made one of the six directors of the company. The
total issued share capital of the company was INR 100 million of which Ms. Shifah had 5
percent. However, Ms. Shifah was removed from the position of the director in the
general meeting of the company through an ordinary resolution. She believes that this was
due to the disagreement with the Rizwan group which owns around 80 percent of the total
issued share capital of the company. Ms. Shifah, post her removal has lost confidence in
the majority shareholders of the company who she believes are hell bent on jeopardizing
her interests and approaches you for advice on the legal options available to her. Advise
Ms. Shifah in light of the relevant legal provisions and judicial precedents.
4. (a) Splurge Ltd. is an unlisted company incorporated in the year 2009 running Luxury
Hotels at tourist destinations. The Company offers huge incentives to its employees
including 6 months’ salary as bonus every year. Indulge Pvt. Ltd. is a Wholly Owned
Subsidiary of Splurge incorporated in the year 2010 for the purposes of eating joints
in the Luxury Hotels run by Splurge as per the Memorandum of Association of the
Indulge. However, Indulge’s employees are not happy with their incentives and seek
your opinion on whether they may be entitled to claim the yearly bonus offered by
Splurge Ltd. to its employees.
(b) What is the relevance of registered office clause in the Memorandum of Association?
Explain how it may be altered? (08+07)

P.T.O.
5. (a) Why does Companies Act, 2013 stipulate creation of a capital redemption reserve
account for redemption of preference shares?
(b) Examine whether the definition of “Securities” in the Securities Contracts Regulation
Act, 1956 include hybrids. (07+08)
6. The Uday Kotak led Committee on Corporate Governance which submitted its report to
SEBI in 2017 states that the institution of independent directors forms the backbone of
corporate governance framework. Examine this and suggest changes, if any, which may
be made in the Companies Act, 2013 to ensure effectiveness in the functioning of
independent directors.

(SECTION – B) (02X05)

7. Write a short note on any one of the following

a. Non Convertible Debentures
b. Small Shareholders’ Director
8. What is fungibility? Is it important for dematerialization of securities?
9. What are deemed public companies? Distinguish between corporate personality and
limited liability.
10. As per United Nations Industrial Development Organization (UNIDO), Corporate Social
Responsibility is generally understood as being the way through which a company
achieves a balance of economic, environmental and social imperatives, while at the same
time addressing the expectations of shareholders and stakeholders. Comment.

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Enrollment No. …………………………... DR. RMLNLU, LKO B.A. LL.B./VI Sem. /ET/April-18/DP&C
Time - 03 Hours Max-Marks :- 70
April - 2018
Drafting, Pleading & Conveyance
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. What do you mean by amendment of pleadings? Explain the ground for striking out
of pleadings and who may apply for amendment under order VI rule 17 of the CPC?
Support your answer with an amendment application.

2. What are the fundamental rules of pleadings? Discuss rule 3 and 4 in detail with
explanation.

3. Kiran Kumar, a revenue officer of a village is put off for a trail for an offence under
section 409 of the IPC (Criminal breach of trust by a public servant). The
prosecution case against him is that he failed to send to the Government treasury,
amount of the Rs 200 out of the amount he had collected as land revenue. An
offence under 409 is non bailable offence and the accused is an old man of 58 years
coming from a respectable family. He has been arrested and is in judicial custody.
Draft a bail application on behalf of Kiran Kumar. You may choose your own set of
facts and other necessary details.

4. Raju and Brijesh were residing in LDA Colony Lucknow. Raju is the owner of
house no. 5/20 LDA Colony, Lucknow but two month ago Brijesh sent a notice to
Raju to hand over the possession of the said house (to him) within 90 days by
claiming his title over the house. Draft a declaratory suit for Raju to declare the
ownership title in the name of Raju.

5. Ashok and Pradeep were neighbors and there was some dispute between them
regarding a boundary between their respective contiguous fields. An altercation took
place between them and at the time of altercation, Ashok abused Pradeep and
Pradeep assaulted Ashok. In this incident, Ashok received some minor injuries. All
the offences are cognizable. Now draft a complaint on the behalf of Ashok. Assume
necessary facts for the completion of complaint including the competent court in
which the complaint is to be lodged.

6. “The art of Conveyancing is an indispensable component of Indian Legal Profession

as it has been prescribed as a compulsory subject for law examination by the Bar
Council.” Explain its importance for lawyers and write down the element of deed of
transfer in detail.

(SECTION – B) (02X05)

7. What do you mean by Mis-joinder and Non-Joinder of parties to a suit?

8. Draft an application for adjournment on the ground of counsel's illness.
9. What defenses can be taken by the defendant in his written statement under CPC?
10. What are the remedies available to the defendant against the Ex-party decree?

………………………
Enrollment No. …………………. DR. RMLNLU, LKO B.A. LL.B./VI Sem./ET/April-18/EL
Time - 03 Hours Max-Marks :- 70
April - 2018
Environmental Law
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Discuss the evolution of International Environmental Jurisprudence. Also mention its
impact on judicial approach in India.
2. Describing factors that led to enactment of Environment Protection Act, 1986, discuss its
scope in the light of leading cases.
3. Discuss the role of civil society in protection and improvement of environment.
4. The Polluter Pays Principle has been adopted as an extension to the rule of absolute
liability and the Right to Life, as enshrined under the Article 21 of the Constitution of
India. Explain.
5. The Indian Judiciary has from time to time, expanded the scope of the fundamental right
to environment. Discuss with the help of supporting case law.
6. Discuss the salient positive contribution of the Indian Judiciary in the administration of
environmental justice.

(SECTION – B) (02X05)

Write short notes on following:

7. Doctrine of public trust.
8. Trans-boundary harm.
9. Fundamental obligation of the state (Article 48A).
10. The Oleum leak case.
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Enrollment No. …………………………... DR. RMLNLU, LKO B.A. LL.B./VI Sem./ET/April-18/LL
Time - 03 Hours Max-Marks :- 70
April - 2018
Labour law
Note: - I. The question paper is divided in 2 parts i.e. Section - A and Section - B.
II. The Examinee is required to attempt 4 (four) questions from Section - A and 2 (two) questions from Section - B.
III. Figures in the margin indicate the marks.

(SECTION – A) (04X15)
1. Discuss the sustainability of the following retrenchment compensation claims:
i. Mr. X, a workman, remained absent from duty even after repeated letters. His absence
necessitated removal of his name from the muster roll of the Undertaking. Mr. X is
claiming retrenchment compensation.
ii. The State Bank of Patiala terminated the services of one of its employees on the
ground of his failure to pass the prescribed test provided for confirmation in service.
The said employee is claiming retrenchment compensation.
iii. Workmen were recruited for discharging temporary job under a project. Their services
were dispensed with on the completion of the project. The workmen are insisting for
the compliance of section 25 F of the Industrial Disputes Act, 1947.
2. A driver while driving a bus met with an accident resulting in death of seven passengers
and serious injury to several persons. The management charge-sheeted the driver as the
said bus was driven in a rash and negligent manner. Followed by a domestic inquiry, the
driver was found guilty of misconduct. As an industrial dispute was pending before the
industrial tribunal, the management filed an application for grant of approval of the said
order. The tribunal rejected the permission mainly on the ground that the domestic inquiry
conducted cannot be considered as fair and proper and vitiated on account of failure of
the enquiry officer to observe the principles of natural justice by not examining the
passengers of the bus. Argue the case on behalf of the management with the help of the
relevant provisions of law and cases and also suggest the various remedies available with
the management against the decision of the industrial tribunal.
3. Discuss that a decision of an authority under section 33A of the Industrial Disputes Act
1947 does have the effect of res judicata but a decision under section 33 of the Act does
not have the same effect.
4. Discuss the extent of judicial review of the power of the appropriate government in
relation to the reference of industrial dispute to the Labour Court, Tribunal or the
National Tribunal.
5. Elaborate upon the conditions required to be met with under the Employees
Compensation Act, 1923 for payment of compensation to an employee.
6. What are the benefits an employee is entitled to under Section 46 of the ESIA, 1948?

(SECTION – B) (02X05)
7. Write in brief the application of labour laws to any process or unit which situates within
the Special Economic Zone.
8. Can a Research Institute qualify to be fall within the ambit of Industry?
9. Write a note on theory of notional extension of employment.
10. Write a note on the concept of contracting under ECA, 1923.
…………………