Enrollment No. …………………………...

DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/ADR

Time - 03 Hours Max-Marks :- 70

November - 2018
Alternative Dispute Resolution
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 Alternative Dispute Resolution system in India and explain
the existing mode of Alternate Dispute Resolution.
2. Define the doctrine of Arbitrability and Arbitration Agreement in detail under
Arbitration and Conciliation Act, 1996.
3. What are the provisions and procedure under which Arbitral Tribunals are empowered
to pass interim measures in India? Explain with the help of case law.
4. How can the Foreign Arbitral Award be enforced in India? Discuss the provisions and
procedure in detail.
5. How can an Arbitral Award be set aside under the Arbitration and Conciliation Act,
1996?
6. “Alternatives for Dispute Resolution are the need of the hour in the globalized era to
promote International Commerce and Trade and support Indian Economy”. Elaborate
with the help of cases.

(SECTION – B) (02X05)
Write Short notes on:
7. What do you mean by separability presumption under Arbitration Agreement?
8. What are appealable orders under Section 37 of the Arbitration and Conciliation Act,
1996?
9. Write down the different types of Arbitration.
10. Define International Commercial Arbitration in Indian Law.

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Enrollment No. …………………. DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/CL
Time - 03 Hours Max-Marks :- 70
November - 2018
Cyber 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. Green India Pvt. Ltd. (GIPL) is the owner of the website http://www.greenindia.com.
GIPL has its main office at Maduari. During July to December 2017, Mr. Jaipreet
Matharu was the Managing Director of the GIPL. The said website provided an online
platform where a seller and buyer could interact. To be either a seller or a buyer, a person
has to first register himself with greenindia.com by filling out an online form giving
details including the name, email, date of birth etc.

In the above mentioned circumstances:

a) If Mr. Jimmy Bhatia, a registered seller sells a porn video clip under the category of
'Books and Magazines' by passing the Community Watch Program installed by the
website greenindia.com which could filter words like 'Sex' and 'Sexual' which appeared
on the website, what would be the liability of Jimmy Bhatia and GIPL under the IT Act,
2000? 5 Marks

b) If Mr. David, a registered seller sells a child porn image under the category of
'Wallpaper and Décor'. No filtering has been done by GIPL. 20 copies have been sold.
One of the copy has been purchased by Mr. Roshan Kalra, while surfing in the cyber cafe.
Kalra has saved the image on the computer he was surfing in the cyber cafe. During a
regular police inspection, an individual named Mr. Mukesh was caught accidently
browsing the said image. What would be the liability of David, Jaipreet Matharu, Roshan
Kalra and Mukesh under the IT Act, 2000? 5 Marks

c) If on 29th October, Friday at 8:00 pm, Mr. Saket Makhija, one of the registered seller
posts a software which could be used to gain unauthorized access to any computer
resource. Same day at 9:00 pm, the Community Watch Program Director Mr. Sikander
Bakshi receives a mail from an individual named Mr. Anil Kumar Gupta. The mail read
as under:

"The user name is Saket Makhija. This person is trying to sell a pirated software which
could be used to gain unauthorized access to any secured computer resource. You need to
sort this issue and block the same."

On 01st November, Monday, the software was removed at 11:00 am by Mr. Sikander
Bakshi and a mail was sent to Mr. Anil Kumar Gupta for thanking him for spotting the
software. But before the said software could be removed it was purchased by Mr. Gulam
Pasha on 30th October, Saturday, 6:00 pm, who used the same to get unauthorized access
to a computer resource of Police-STF office located at Mumbai. What would be liability
of Saket, GIPL and Gulam Pasha under the IT Act, 2000? 5 Marks

2. The applicability of requirement of certificate under Section 65 B (4) of the Indian

Evidence Act being procedural can be relaxed by the court whenever interest of justice so
justifies. Discuss the existing legal provisions related to admissibility of e-record in light
of the said statement and the most recent Indian Supreme Court case.

P.T.O.
3. Shangrilla Hills is a California based Internet Service Provider (ISP). Among the services,
the said ISP provided was an opportunity to software developers to subscribe and sell
their software in the form of Shareware. Shangrilla Hills used to earn commission for
every deal which was conducted.
a) Florida based Mr. Karan Singh Kalsi, was one of the software developer who availed
the facility provided by the Shangrilla Hills. One fine day Kalsi finds that his software has
been copied by the Shangrilla Hills and they were selling its copy by another name. If
Kalsi files a case in Florida for fraud, would the jurisdiction of Florida be proper? Give
reasons. 7.5 Marks
b) Another corporation involved in a real estate business comes up with an identical name
Shangrilla Hills in Texas and registers a domain name Shangrillahills.com. Using the said
domain name, Shangrilla Hills-Texas creates a website of its own, having webpages that
contained information like mission, vision, organizational structure, contact details etc.
Maximum subscribers to Shangrillahills.com are from Texas. No one from California
showed interest in Shangrillahills.com. If Shangrilla Hills-California files a suit against
Shangrilla Hills-Texas in California, would the jurisdiction of California be proper? Give
reasons. 7.5 Marks
4. Recently Indian Supreme Court in a case had commanded to the government the need to
examine and put into place a robust regime for data protection. Discuss in the light of
international developments.
5. In 2010, Ms. Sangeeta Wadhwa filed for divorce by mutual consent. In the midst, she
came across Mr. Sagar Loomba while chatting who told her that he loved her and wanted
to marry her. On the pretext of introducing her to his family, Loomba invited her to his
house, drugged her, assaulted her sexually and took her nude pictures. That day onward
Loomba started threatening her sending obscene pictures. Tired of all this, eventually
Sangeeta called off her relation with Loomba and filed a complaint against him. At that
point of time, what legal remedies did Sangeeta have?
6. Pointing out the provisions under the IT Act, 2000, discuss the challenges of e-
governance implementation in the country.

(SECTION – B) (02X05)
Write short notes on following:
7. Role of government bodies in Internet Governance.
8. Cyber Security Incidents and the Indian Computer Emergency Response Team.
9. OECD Basic Principles of International Application and SHA.
10. Reasonable Security practices and procedures.
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Enrollment No. …………………. DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/EL
Time - 03 Hours Max-Marks :- 70
November - 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. The Supreme Court has from time to time expanded the scope of the fundamental right to
environment. Discuss with the help of case law.
2. Discuss the salient features of Environment (Protection) Act, 1986.
3. The concept of trans-boundary hazards is a part of customary international environmental
law. Discuss with the help of case law.
4. Explain the doctrine of Public trust in the light of relevant case law.
5. Discuss with the help of case law PIL as a tool to protect the natural environment.
6. Discuss the contribution of Rio declaration to the International environmental law.

(SECTION – B) (02X05)

Write short notes on any two of following:

7. The Oleum Gas leak case.
8. Polluter Pay Principle.
9. Article 51 (A)(g) of the Constitution of India.
10. EIA.
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/HR
Time - 03 Hours Max-Marks :- 70
November - 2018
Human Rights
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. Universal Declaration of Human Rights seeks to recognize inherent dignity and equal and
inalienable rights of all members of the Human Family. Explain the role played by
UDHR in shaping several National and International Legislations.
2. Enumerate the types of rights that the European Convention of Human Rights secures to
provide freedom for an Individual. Assess the effectiveness of the interstate and
individual complaint mechanism provided for in the European Court of Human Rights.
Cite the relevant case laws to support your answers.

3. Discuss the main features of Inter-American Convention on Human Rights. Do you

consider the Inter-American Commission and Court to be an important part of the
regional protection of human right in America or a symbolic but ineffective body?
4. Right not to be subjected to torture is a fundamental right and cannot be derogated under
any circumstances. In the light of this statement, discuss the main National and
International Standards relating to the prevention of the practice of torture, cruel, inhuman
degrading treatment or punishment. Also examine the judicial approach adopted by the
Supreme Court of India in this respect for the protection of Human Right violations.

5. Write a brief note on CEDAW and the benefits and potential of optional protocol to
CEDAW. Also examine the legal and practical implications of reservations made to
CEDAW.

6. How valid are the various objections taken by India to sign and ratify the United Nations
Convention relating to the Status of Refugees, 1951? Examine the role of Indian Judiciary
for the protection of Refugees in India.

(SECTION – B) (02X05)
Write short notes on:
7. Implementation mechanism of International covenant on the Civil and Political Rights.
8. Role and mandate of the United Nations Human Rights Council.
9. “Margin of Appreciation doctrine is an innovative tool that aids States’ compliance to
obligations.” Comment.
10. Mention some democratic control parameters that must be adopted for the protection of
human rights during emergency situations. Refer to the derogation clause concerned. Cite
relevant case law.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/IPRL-II
Time - 03 Hours Max-Marks :- 70
November - 2018
Intellectual Property Rights Law-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. Explain the concept of efficacy under Section 3(d) of the Patents Act in view of the
Supreme Court decision in Novartis case.
2. Discuss the concept of Non-obviousness in light of standards laid out in KSR v. Teleflex.
3. Discuss the interface between design and copyright law with aid of relevant case law.
4. Discuss the concept of trade secrecy in an employer-employee relationship in view of
Wipro case judgement.
5. What is the difference between the Indian sui-generis concept of plant variety protection
from the European UPOV model?
6. What are the Procedural requirements under the patent law?

(SECTION – B) (02X05)

7. Write a short note on best mode.

8. How patent law is complementary to the trade secrecy law?
9. Explain the concept of distinctiveness under the plant variety protection law.
10. What is an extant variety?

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/IPR-I
Time - 03 Hours Max-Marks :- 70
November - 2018
Intellectual Property Rights-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 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. “Evermore”, was a musical piece written by Rahman, and is often heard on digital
platforms. The song is a modern adaptation of the tale of Shakespeare’s Romeo and
Juliet, set to soothing electronic sounds. Sebastian, a popular comedian, uses the words
and melody of the song for his recording, “Mevermore.” Sebastian rewrites the words
into an amusing tale about a holiday trip. “Mevermore” uses the melody, but does not
explicitly or comment or criticize “Evermore.” Rather, the use of the familiar tune from
“Evermore” makes “Mevermore” more marketable. Because listeners know and like the
tune, they are more likely to stay tuned and listen to the new version. When Rahman
claims infringement, Sebastian claims that his is a parody and therefore protected under
fair use. Does fair use protect this use?

2. Arnau paints “Blue Moon,” a 4” by 5” foot painting, all basic blue, the painting is well
received by critics and public. Not long after Shyam paints “Aquatic,” a painting exactly
the same colour, and about one quarter larger. Shyam freely admits that he copied from
Arnau’s work, but argues that he copied only the idea of a basic blue painting. Has Shyam
Copied protected expression?

3. Explain the Digital Rights Management Provisions under the Copyright Act, and how far
do you think it is in line with the spirit of the Copyright law? Mention the relevant
provisions and case laws.

4. What do you understand by the concept of acquired distinctiveness and what evidences
are required to establish the same with the aid of relevant case law.

5. Explain the concept of disparagement under the Trademarks Act with the aid of relevant
case laws.

6. Nike Brought a suit against an Indian Co. Shyam Int.l Ltd. Nike had registered its
trademark for clothing, footwear and sportswear, while Shyam Int.’l Ltd. registered Nike
for perfumes, soaps and essential oils. It later launched a perfume called “NIKE Sports
Fragnance,” Nike brought about a suit claiming it’s likely to deceive or confuse the
consumers. Shyam’s products were sold in the same outlets as other sports fragnaces,
including one marketed by the Nike’s greates rival ADIDAS. Whether the Act of Shyam
amounts to infringement discuss with the aid of relevant factors for assessing likelihood
of confusion.

(SECTION – B) (02X05)
7. Write a note on merger doctrine.
8. What do you understand by functionality bar?
9. Explain the principle of exhaustion of rights.
10. Is creative commons a free lunch? Write a short note.
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Enrollment No. …………………. DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/ITL
Time - 03 Hours Max-Marks :- 70
November - 2018
International Trade 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 Government of Republic of Plebians, a WTO member country, has initiated a scheme
to encourage local production of laptops in the Republic. As per the scheme, all the
producers who produce laptops using 90 percent or more of local hardware are exempted
from paying any luxury tax on the same. Further, only these laptops i.e. those with 90
percent or more of local hardware, can be sold in the capital city of Dinara. The Trade
Promotion Department of the Republic has sought your opinion on whether the scheme is
in conformity with the Republic’s WTO obligations. Prepare a detailed advice on the
same.
2. What is the primary objective of dispute settlement at WTO? If a WTO member refuses
to comply with the Panel/Appellate Body decision, what are the remedies available to the
complaining WTO member?
3. a) “Anti Dumping Investigation may be initiated by a WTO member country on an
application for investigation made by or on behalf of the domestic industry”. How should
the investigating country determine fulfilment of this requirement? Also investigating
countries are required not to punish dumping but only injurious dumping as per Anti
Dumping Agreement. Explain this.
b) The Republic of Shineland imports aluminium from two countries namely Riseland
and Ariseland. Exporters of Riseland have complained to the Govt. of Shineland that
Ariseland is dumping aluminium in Shineland. The Govt. of Shineland seeks your advice
on whether it could initiate an anti dumping investigation in the matter. Advise the Govt.
of Shineland in light of GATT, 1994. All the three countries are members of WTO.
(10 +5)
4. a) Critically evaluate the statement
“It may not be prudent to sacrifice the rules based multilateral world trading system at the
altar of protectionist policies by countries of the world”.
b) What are Bretton Woods Institutions? Why is GATT, 1947 often referred to as a
temporary arrangement?
5. a) Article 16 of GATT 1994 and Agreement on Subsidies and Countervailing Measures
(SCM) defines ‘subsidy’. Explain the requirements of the definition briefly.
b) Is Enabling Clause an exception to Article I of GATT, 1994?
6. Article III :2 of GATT , 1994 runs as follows
The products of the territory of any contracting party imported into the territory of any
other contracting party shall not be subject, directly or indirectly, to internal taxes or
other internal charges of any kind in excess of those applied, directly or indirectly, to like
domestic products. Moreover, no contracting party shall otherwise apply internal taxes or
other internal charges to imported or domestic products in a manner contrary to the
principles set forth in paragraph 1
A tax conforming to the requirements of the first sentence of paragraph 2 would be
considered to be inconsistent with the provisions of the second sentence only in cases

P.T.O.
 where competition was involved between, on the one hand, the taxed product and, on the
other hand, a directly competitive or substitutable product which was not similarly taxed.

Article III: 4 states the following

The products of the territory of any contracting party imported into the territory of any
other contracting party shall be accorded treatment no less favourable than that
accorded to like products of national origin in respect of all laws, regulations and
requirements affecting their internal sale, offering for sale, purchase, transportation,
distribution or use.

a) Distinguish between the first sentence and second sentence of Article III: 2. Why is
the product category wider in the second sentence?
b) Is the term “like” in III: 4 equivalent to “like” in III: 2? If not, why?

(SECTION – B) (02X05)
Write short notes on following:
7. How does the theory of comparative advantage support international trade?
8. Distinguish between anti dumping duty and countervailing duty.
9. Explain non-tariff barriers to international trade by giving suitable examples.
10. Can non-violation complaints be brought under TRIPS?
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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/LOT-I
Time - 03 Hours Max-Marks :- 70
November - 2018
Law of Taxation-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 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. Write a detailed note on application of Income and diversion of income by overriding
title.
2. Explain the conditions for chargeability of income under salary with the help of case
laws.
3. Discuss in detail the concept of 'agricultural income' along with cases. Whether
income earned by the assessee by way of shooting hire charges permitting the film
producers to shoot their films in his garden can be treated as agricultural income.
Decide.
4. Discuss the provisions relating to chargeability of the Income from House property
along with the cases.
5. Explain in detail the conditions for determination of Residential Status of Assessee.
6. Discuss the conditions to qualify income chargeable under Capital gains along with
cases.

(SECTION – B) (02X05)
Write short notes on:
7. Income under the Head Profit and gains arising out of business and profession.
8. Surplus from the mutual activity.
9. Difference between Allowances and Perquisites.
10. Income from Nursery operations.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/LRW
Time - 03 Hours Max-Marks :- 70
November - 2018
Legal Research & Writing
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 is Research? Explain the various approaches to Legal Research?

2. How is a research problem identified? Discuss the difference between identification and
formulation of legal research problem.

3. What is Hypothesis? Discuss its importance in Legal Research.

4. Examine the various steps involved in Legal Research.
5. Define ‘Sampling’ and explain various types of sampling with the help of examples.
6. Explain Interview Schedule method. What is the difference between Interview and
Questionnaire method?

(SECTION – B) (02X05)
Write short notes on:
7. The Literature review in Legal Research.
8. The observation method of Legal Research.
9. Research Report Writing.
10. 'Doctrinal Approach' in Legal Research.

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Enrollment No…………………………… DR. RMLNLU, LKO B.A. LL.B./VII Sem./ET/Nov-18/TAX
Time - 03 Hours Max-Marks :- 70
November - 2018
TAXATION
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. I. Define Reverse charge Mechanism and its rationale. What is the time of supply of
Goods and services in RCM? Explain these concepts with the help of relevant
provisions and suitable Illustrations.
II. What is composite supply & mixed Supply? How will tax liability on composite
and mixed supply be determined under GST?
2. Dr. Varun is a practising orthopaedic surgeon. His wife work as receptionist cum
accountant at his clinic. The educational qualification of his wife is 12th pass and
currently pursuing her graduation degree. The Assessing officer clubbed the salary of
his wife in the total income of Dr. Varun. Whether, on the facts and circumstances,
the assessing officer is justified in clubbing assessee’s wife income in the assessee
total income, Decide.
3. Discuss the law laid down in:
(a) Ram Pershad v. Commissioner of income tax, New Delhi. AIR 1973 SC 637.
(b) C.I.T v. L.W. Russel, AIR 1965 SC 49.
4. I. There is a thin dividing line between “Diversion of Income by overriding title” and
“Application of Income”. Discuss in the light of judicial pronouncements.
II. Discuss Inter-state transactions & Intra-state transactions of goods and services
with the help of relevant provisions and illustrations.
5. Discuss in detail the concept of ‘agricultural income ‘and ‘ordinary process employed,
to render the produce fit taken to market’ with the help of leading cases.
6. I. Discuss the provisions relating to chargeability of the income from house property
along with cases.
II. Discuss Capital Gains in the light of N.Bagavathy Ammal v. C.I.T JT 2003(1) SC
363.
(SECTION – B) (02X05)
Write short notes on:
7. Input tax credit.
8. Discuss Works Contract in the Pre-GST & Post-GST era.
9. GST on Charitable and Religious Trusts.
10. Test for determination of residential status of an individual.

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