NATIONAL LAW UNIVERSITY, DELHI

B.A.LLB.(Hons.): II-YEAR, III-SEMESTER (Batch of 2018)

Mid-Semester Examinations, October-2019

Paper 3.1: Law of Contracts-II

Time: 2.00 Hours Total Marks: 20

Instructions:
1. Read the question paper carefully and answer.
2. No clarifications to be sought on the question paper.
3. Do not write anything on the question paper except your Roll No.
4. Note: Bare Acts of Sale of Goods Act, 1930, and Partnership Act, 1932 shall be provided.

(Part A: Sale of Goods Act, 1930)

Q1. Under a contract ABC company was permitted to cut and remove bamboos from the forest area at Rs.
10 per ton. The government by a subsequent order enhanced the price to Rs 20 per ton. On the date of
the order there were bamboos which had been cut but had not yet been extricated by the ABC
Company. ABC Company contested the Govt. order to be applied only to the bamboo cut but not yet
extricated. Decide. (4 marks)
Q2. Sale by sample by a woollen manufacturer (S) of woollen cloth to a merchant (B) who was also a
tailor. The buyer required it for the purpose of making it into uniforms for staff, but this was not made
known to the seller. Owing to a latent defect in the cloth (which was also in the sample) it could not be
stitched; however, it could be applied for other purposes for which cloth of that kind might be used. B
wants to return it on the basis of unmerchantable quality. Decide. (3 marks)

Q3. Is there a difference between a contract of sale of goods and an agreement to sell? Illustrate.
(3 marks)
(Part B: Partnership Act, 1932)

Q4. Hariom and Sons was a firm consisting six partners. The partnership was constituted under the
partnership deed. It was a single person business prior to converting of partnership firm. The deed
consists the terms that only Hariom shall have the power to deal with the business and bank accounts.
No partner has power to enter into the contract with the outsiders and cannot transfer the property of
partnership firm. Hariom is authorised to transfer and acquire property with the consent of all other
partners. It was argued that it was the sole person‟s business and not a genuine partnership.

Discuss the doctrine of mutual agency in the light of given facts. Support your answer with the
relevant decided cases. (6 marks)

Q5. Explain the duties of the partners with the help of decided cases. (4 marks)
 NATIONAL LAW UNIVERSITY, DELHI

B.A.LLB.(Hons.): II-YEAR, III-SEMESTER (Batch of 2018)

Mid-Semester Examinations, October-2019

Paper 3.2: Family Law-I

Time: 2.00 Hours Total Marks: 20

Instructions:
1. Read the question paper carefully and answer.
2. No clarifications to be sought on the question paper.
3. Do not write anything on the question paper except your Roll No.

Q.1 The facts of the appeal are following:

The marriage between the parties took place on 16th January, 1994 at Delhi. Two children were born
in 1995 and 2003 respectively. Since 2008, the parties are living separately. Disputes between the
parties gave rise to civil and criminal proceedings. Finally, on 28th April, 2017 a settlement was
arrived at to resolve all the disputes and seek divorce by mutual consent. The respondent wife is to be
given permanent alimony of Rs.2.75 crores. Accordingly, petition was filed under Section 13-(B)
Hindu Marriage Act, 1955 before the Family Court (West), Tis Hazari Court, New Delhi. The
appellant husband has also handed over two cheques of Rs.50,00,000/- which have been duly
honoured, towards part payment of permanent alimony. Custody of the children is to be with the
appellant. The parties have moved this court to sought waiver of the period of six months for the
second motion on the ground that they have been living separately for the last more than eight years
and there is no possibility of their reunion. Any delay will affect the chances of their resettlement.
Decide whether the minimum period of six months stipulated under Section 13-B (2) of the Hindu
Marriage Act, 1955 for a motion for passing decree of divorce on the basis of mutual consent is
mandatory or can be relaxed in any exceptional situation. Explain the law and cite relevant case laws.
(5 Marks)
Q.2 Anjali wants to marry Yusuf, without relinquishing her faith. Suggest them under which law they can
marry, with all essential conditions and procedure of that law. (5 Marks)

Q.3 The wife has filed a petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955
on the ground of adultery. On the basis of it, the wife obtained the decree of judicial separation and
the court ordered the husband to pay maintenance to the wife and her child. The husband did not
comply with this order and he also continued to live in adultery. After a lapse of one year husband
filed a petition for divorce under Section 13(A) (i) on the ground that there has been no cohabitation
after the judicial separation. Argue the case. (5 Marks)

Q.4 Discuss the Constitutional Validity of Section 9 of Hindu Marriage Act, 1955 with the help of relevant
case laws. (3 Marks)

Q.5 Differentiate between the following terms:

a) Divorce and Judicial Separation. (1 Mark)
b) Void and Voidable Marriage. (1 Mark)
 NATIONAL LAW UNIVERSITY, DELHI

B.A.LLB.(Hons.): II-YEAR, III-SEMESTER (Batch of 2018)

Mid-Semester Examinations, October-2019

Paper 3.3: Criminal Law-II

Time: 2.00 Hours Total Marks: 20

Instructions:
1. Read the question paper carefully and answer.
2. No clarifications to be sought on the question paper.
3. Do not write anything on the question paper except your Roll No.

Q.1 „A‟, a former cabinet minister was arrested by police on 8thApril, 2019 for his alleged involvement in a
rape case. He was produced before the Magistrate on the very same day and remanded to
police/judicial custody from time to time. On 3rd July, 2019, the victim had filed a petition before the
High Court appealing for fair and impartial investigation in the case. The High Court passed following
order:
“The Public Prosecutor is directed to assure that not only fair investigation shall be conducted by a
gazetted police officer, not below the rank of Additional Superintendent of Police but the report of the
investigation along with the opinion of the Investigating Officer shall be submitted in the Magistrate
Court within a period of two months from the date of this order .”
On 5th July, 2019 the police officer has submitted a report as per section 173 before the concerned
Judicial Magistrate. Since said report was filed by a police officer lower in rank than an ASP and was
thus contrary to the order passed by the High Court, the Magistrate having noted the contents of said
order, returned the charge sheet with certified copy of the High Court order dated 3rdJuly, 2019 to the
police for due compliance.
Soon after the expiry of 90 days „A‟ filed an application for bail under the provisions of section 167(2)
of the Code. The Judicial Magistrate rejected the prayer and observed that since the charge-sheet filed
on 5th July, 2019 was not in compliance of the order passed by the High Court, the charge-sheet was
returned due to technical fault. It was further observed that as per Order dated 3 rd July, 2019 the
investigation period is extended further for a period of two months from the date of Order within
which the investigation could be completed.
In light of above fact situation answer following questions:
A. Can it be said that the investigation was complete on 5th July, 2019 for the purposes of section 167 (2)
of the Code so as to deny the benefit to the accused in terms of the said provision? (4 Marks)

B. Whether the Order passed by the High Court could be construed as one under which the period for
completing the investigation is extended beyond the statutory limit prescribed in section 167 (2) to
defeat the right of the accused person? (3 Marks)
Q.2 Discuss the procedure relating to various types of arrest prescribed under the Code of Criminal
Procedure. How judicial supervision is ensured in Arnesh Kumar v. State of Bihar in the matter of
arrest? (6 Marks)
Q.3 Upon a complaint being filed in Delhi against the petitioner who resides in Mumbai, the Magistrate
passed an order directing an investigation by the police under Sec. 202. The investigating officer
requested for an order of search warrant against the accused petitioner and also for issue of non-
bailable warrant against the accused to conduct test identification parade. The accused is challenging
both the orders. Decide and discuss the point of distinction with respect to investigation ordered under
Sec 156(3) and Sec. 202(1). (7 Marks)
 NATIONAL LAW UNIVERSITY, DELHI
B.A.LLB.(Hons.): II-YEAR, III-SEMESTER (Batch of 2018)

Mid-Semester Examinations, October-2019

Paper 3.4: Economics & Law-I

Time: 2.00 Hours Total Marks: 20

Instructions:
1. Read the question paper carefully and answer.
2. No clarifications to be sought on the question paper.
3. Do not write anything on the question paper except your Roll No.

Instruction:

Answer to the point (without sacrificing both precision and pertinence). Note that both verbosity and
impertinence shall be penalized. You are encouraged to make use of diagrams when required in your
opinion.

1. Consider the following information regarding a good in some country: and

. Make the relevant schedules; work out equilibrium price, equilibrium quantity, consumers‟ and
producers‟ welfare; and draw and label the graph showing all the necessary details. Show the effects of
opening up of the country for trade when the world price, i.e., , is ₹ 30, and do the welfare analysis.
Now, the country decides to go with a tariff of ₹ 5 per unit of the good. Work out the price elasticities
of demand and supply in case of tariff and illustrate the welfare impacts of the said tariff (showing all
the necessary details). (8 Marks)

2. Consider the following hypothetical situation. There are just two countries in the world, namely A &
B. A & B decide to devote all their resources in production of two goods, namely, Pizza and Coke. If
the said countries devote all their resources to production of pizza, then A can produce 60 pizzas in a
day while B can produce 75 pizzas. Conversely, if they devote all their resources to production of
coke, then A can produce 80 cans of coke while B can produce 100 cans of coke. Depict each
country‟s production possibilities curve. Would the said countries indulge in trade with each other? If
yes, what will they export/import? What will be the price of the good(s) being exported/imported? If
no, why; when would they have traded and what would the price have been? Explain to the point while
being relevant to the details of the question. (6 Mark)

3. What is an economy; what can its potential types be? State and explain the basic questions (the central
problems) faced and solved by an economy. Also explain if the basic questions faced by an economy
are contingent upon its type? (5 Marks)

4. In a market for an/y item, the burden of a per unit tax falls on _________________________________
and is contingent upon the_________________________________. (1 Mark)
 NATIONAL LAW UNIVERSITY, DELHI

B.A.LLB.(Hons.): II-YEAR, III-SEMESTER (Batch of 2018)

Mid-Semester Examinations, October-2019

Paper 3.4: Economics & Law-I (Different Paper)

Time: 2.00 Hours Total Marks: 20

Instructions:
1. Read the question paper carefully and answer.
2. No clarifications to be sought on the question paper.
3. Do not write anything on the question paper except your Roll No.

Instruction:

Answer to the point (without sacrificing both precision and pertinence). Note that both verbosity and
impertinence shall be penalized. You are encouraged to make use of diagrams when required in your
opinion.

1. Does international trade have any welfare consequences; if yes, discuss the same? Tariffs are one of
the policy tools that governments often resort to. Discuss the welfare consequences of tariffs.
(8 Marks)
2. Consider the following hypothetical situation. There are just two countries in the world, namely A &
B. A & B decide to devote all their resources in production of two goods, namely, Pizza and Coke. If
the said countries devote all their resources to production of pizza, then A can produce 60 pizzas in a
day while B can produce 75 pizzas. Conversely, if they devote all their resources to production of
coke, then A can produce 80 cans of coke while B can produce 100 cans of coke. Depict each
country‟s production possibilities curve. Would the said countries indulge in trade with each other? If
yes, what will they export/import? What will be the price of the good(s) being exported/imported? If
no, why; when would they have traded and what would the price have been? Explain to the point while
being relevant to the details of the question. (6 Mark)

3. What is an economy; what can its potential types be? State and explain the basic questions (the central
problems) faced and solved by an economy. Also explain if the basic questions faced by an economy
are contingent upon its type? (5 Marks)

4. In a market for an/y item, the burden of a per unit tax falls on _________________________________
and is contingent upon the_________________________________. (1 Mark)
 NATIONAL LAW UNIVERSITY, DELHI

B.A.LLB.(Hons.): II-YEAR, III-SEMESTER (Batch of 2018)

Mid-Semester Examinations, October-2019

Paper 3.5: Sociology-I

Time: 2.00 Hours Total Marks: 20

Instructions:
1. Read the question paper carefully and answer.
2. No clarifications to be sought on the question paper.
3. Do not write anything on the question paper except your Roll No.

The distinctive human way of life that we call culture did not have a single definite beginning in time
any more than human beings suddenly appearing on earth. Culture evolved slowly just as some
anthropoids gradually took on more human form. Unmistakably, tools existed half a million years ago
and might be considerably older. If, for convenience, we say that culture is 500,000 years old, it is still
difficult day has appeared very recently.
The concept of culture was rigorously defined by E.B. Taylor in 1860s. According to him, culture is
the sum total of ideas, beliefs, values, material cultural equipments and non-material aspects which
man makes as a member of society. Taylor's theme that culture is a result of human collectivity has
been accepted by most anthropologists. Tylarian idea can be discerned in a modern definition of
culture - culture is the man-made part of environment (M.J. Herskovits).
From this, it follows that culture and society are separable only at the analytical level: at the actual
existential level, they can be understood as the two sides of the same coin. Culture, on one hand, is an
outcome of society and, on the other hand, society is able to survive and perpetuate itself because of
the existence of culture. Culture is an ally of man in the sense that it enhances man's adaptability to
nature. It is because of the adaptive value of culture that Herskovits states that culture is a screen
between man and nature. Culture is an instrument by which man exploits the environment and shapes
it accordingly.
In showing affection, the Maori rub noses; the Australians rub faces; the Chinese place nose to cheeks;
the Westerners kiss; some groups practice spitting on the beloved. Or, consider this; American men are
permitted to laugh in public but not to cry; Iroquois men are permitted to do neither in public; Italian
men are permitted to do both. Since this is true, physiological factors have little to do with when men
laugh and cry and when they do not do either. The variability of the human experience simply cannot
be explained by making reference to human biology, or to the climate and geography. Instead, we must
consider culture as the fabric of human society. Now, as we discuss this concept of Culture, what do
you have to say about the following?

Q.1 How do subcultures and counter cultures differ from the dominant culture? (5 Marks)

Q.2 How do cultural universalism and cultural relativism differ? (5 marks)

Q.3 How does ethnocentrism affect one's viewpoint and how does it affect ‘Nation Building’?
(10 Marks)