Roll no. RGMETIONIZNG RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB. B.A.LL.B, (HONS) FYIC END TERM EXAMINATION DECEMBER - 2019 FIFTHSEMESTER PAPER: INDIAN ECONOMY TIME DURATION: THREE HOURS MAXIMUM MARKS: 80 (EIGHTY) Note: Scction-A is compulsory and cach part carries 5 marks. Atiempt ‘one question cach from Section B,C, D & E and each question carries 15 marks. Section 1. Write short notes on the foll = a. Howhas Agriculture contributed to the overall development in India? b. Issue of poor performance of Public Sector Enterprises ¢, Policy approach towerds curbing the growth of Black Money in India 4. How does Public Expenditure impact economic activities in the country? Contd....P2“2 Section -B Define Food Security. Analyse the concept of food selfsifficiency and food security in the Indian context. How far has the Public Distribution System supported the objective of food security in India? Examine the extent and efficacy of the credit provision to the agricultural sector in India. What ; are still left with regards to financing the agricultural needs ofthe country? Section -C ‘Trace the contours of the growth of Small Scale Industries in India. ‘What is the current status ofthe MSME (Miero, Small and Medium Enterprises) sector? What is the approach of the government to aid theallngunts? " .ucThe state has to assume direct responsibility for the future development of industries over a wider area." In the light of this statement, examine whether the state has been able to discharge its responsibilty effectively. Also elaborate on the causes of the change inpublic opinion about these enterprises over time. Section -D Explain the transition with regards to the global approach towards defining Poverty and Poverty Line. What has been the controversy related fo the proceduresand parameters determining poverty line in India?. Examine the magnitude ofthe problem of Population Explosion in {ndia, How has Malthusian theory offered a solution to the problem of population? Section -E, Differentiate using the typology of taxation, the difference between Impact and Incidence of faxation. Explain using a few examples of ‘Taxes, the entire theory of Shifting ofthe tax burden., “Every particle of expense thats incurred beyond what necessity absolutely requires for the preservation of social order and for protection against foreign attack, is waste and an unjust and oppressive imposition on the public.” However, the tenets of Keynesian ideology placed the stateoverhead at a pre-eminent position. Explain using your own arguments which of the statements do you agree to and hence examine how do you perceive the implications of such an approach?RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Roll No. RGMETIOIZY B.A.LL.B. (HONS.) FYIC END TERM EXAMINATION DECEMBER - 2019 FIFTH SEMESTER PAPER - I: INDIA’S FOREIGN POLICY (MAJOR-V) TIME DURATION: THREE HOURS MAXIMUM MARKS: FIGHTY (80) Note: Note: Section-A is compulsory and each part carries § marks. Attempt ‘one question each from Section B,C, D & E and each question carries 15 marks. SECTION-A 1, Write short notes on the following: a. Liberalsargue that the universal condition of world politics in globalization States are and always have been, embedded in a domestic and transnational society, which creates, incentives for economic, social and cultural interaction across borders! In context of this idea write a short note on Jiberalism and its interpretation of international relations. b. Analytically comment on the 1999 doctrine of India’s No First Use policy for nuclear weapons, Discuss the relevance of Panchsheel. d. Briefly discuss the United Nations Reforms proposals from regional perspectives with special reference to African region and Australia SECTION-B 2. “Geopolitics in the scienve of condi ing of political processes by the earth. It is based on the broad foundation of geography, especially political geography, as the science of political” Karl Haushofer, In the light of this definition discuss geopolitics as one of the principles for foreign policy of India. Contd... P.2International relations are being executed through city diplomacy, also known as Para diplomacy. It marks the advent of subnational governments to how there own foreign policy. In-the light of this emerging dynamic write a note on subnational foreign policy and models of the sames CTION - C For those who think India is going to be ariother dividing power... they need not worry. All that is to offer to world and her neighbours in friendship and cooperation’ Jawahar Lal Nehru at Assian Relations conference 1947, In context of this statement made by the first PM of India, analyse India’s foreign Policy under Jawalar Lal Nehru and his legacy. From Gujral Doctrine to look East Policy to act East Policy of India, and also from the focus on NAM, one can observe India’s approach towards “the East’ of the world, Evaluate the look East Policy of India and suggest its future. JECTION Critically analyse the changes. introduced by the government of India in Jammu and Kashmir on 5* August 2019. How do you think these changes ‘would reflect on India Foreign Policy? “Tibet is china’s right hard’s palm, which is detached from its five fingers of ., Bhutan and Arunachal Pradesh (Formerly NEFA), “ther occupied by or under the influences of India, it js China’s responsibility to liberate the five to be rejoined with Tibet. Explain this statement and its implication on India’s Foreign Policy. ‘SECTION “So long as states can not rely on the peaceful resolution of their disputes, there can be no genuine reversal of. world-wide, arms competition, no adequate resources for the eradication of poverty, no proper respect for hhuman rights or the environment nor sufficient funds for health, education, arts and humanities! Julie Dahliz in peaceful resolution of Major International Disputes.” In the light of this statement write note on the relevance of pacific settlements of disputes and challenges thereof. The Shanghai Cooperation Organization (SCO) developed from a confidence building ‘measure to a power bloc of Asia, with India's membership in the SCO, what relevance it holds for foreign policy of India,RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Roll No. RG/ETIO2IZN9 B.A.LL.B. (HONS, FYIC END TERM EXAMINATION DECEMBER - 2019 FIFTH SEMESTER PAPER - I: SOCIOLOGY OF DEVELOPMENT (MAJOR-V) TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Note: Section-A is compulsory and each part carries 5 marks. Attempt ‘one question each from Section B,C, D & E and each question. carries 15 marks. SECTION-A 1. Write short notes on the following: a, Conceptualise ‘Sustainable Development b. Metaphysics of Karl Mara. c. ‘State’ as an ageney of Development. d. Conceptualise ‘Digital Divide Cattle P2CTION -B logy of Development. Give examples Discuss in detail the “Scope” of Soci also. Illustrate the ‘Changing Paradigm of Development” with reference to the Critically discuss the Liberal Perspective of Development, Discuss in details the i) Modernisation Theory and 2) The world System Theory of Development SECTION -D Evaluate the capitalist path of Development and give suggestions to make it a more viable method of Development. Discuss the Role of ‘Market’ in development as a crucial agency of development. Also elatorate what factors in India effect the functioning of market as an agency of development. SECTION -£ Give in details the ‘critique of development’ with illustrations related to Indian social system. What Role does ‘Digital divide’ play in development, specially in societies like that of Indian society, which literary Rates are yet to improve!RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Roll No. | RG TION B.A.LL.B. (HONS. FYIC END TERM EXAMINATION DECEMBER - 2019 FIFTH SEMESTER PAPER - Il: ADMINISTRATIVE LAW TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Note: Section-A is compulsory and cach part carries $ marks. Attempt ‘one question each from Section B, C, D & E and each question carries 15 marks. SECTION - A 1. Write short notes on the following: a “it is logically impossible to distinguish administrative from constitutional Jaw and all attempts to do so are artificial” Comment Conditional Legislation. Candidates seeking Right ‘o hearing after the cancellation of examination on the ground of mass copying. Applicability of section 8) of Code of Civil Procedure on Statutory Public Corporations SECTION -B Even in absence of Article 21 in the Constitution, the state has got no power to deprive a person of his life and liberty without the authority of law. Without such sanetity of life and liberty, the distinction between a lawless society and one governed by laws; more specifically Rule of Law would cease to have any meaning...”. Comment on the statement of Justice HR Khanna in the context of perseverance of rule of law vis a vis literal constitutional mandate. Contd .on P.2de “Hlad the doctrine of separation of powers been followed rigidly in any country, the development of modem administrative agencies would have been an impossibility.” Discuss ‘SECTION - C What is Delegated Legislation? Discuss various factors responsible for rapid growth of delegated lezislation in India. Explain in detail the grounds on which delegated legislation may be held invalid. Also discuss the procedural control over delegated legislation. ‘SECTION - D Independence of the Judiciary has been counteracted by the use of tribunals by the executive therefore to enfeeble and incapacitate the judiciary and with the advent of more Administrative Tribunals; the justice has fallen into the ‘tribunal trap.’ Under the light of this statement elucidate the modern trends in tribunalisation in India “Unless a statutory provision, either specifically or by necessary implication ‘excludes the application of principles of natural justice because in that event the court would not ignore the legislative mandate, the requirement of giving reasonable opportunity of being heard before an order is being made , is generally read into the provision of a statute, particularly when the order has adverse civil consequences which obviously cover infraction of property, personal rights and material deprivations for the party affected.” Comment and elucidate, SCION - E “fn the context of the problems resulting from the immense expansion of state economic enterprise, however, broader bases appear for objection to state immunities than the mere difficulty of individuals in obtaining justice. State enterprise versus private enterprise has become one of the major conflicts of time. In those areas where the two must funetion side by side, the establishment and maintenance of competitive equality is a matter of some importance. Extension of jurisdictional immunity to a public enterprise may make it more difficult for the competing private enterprise to live.” Critically examine the statement of Vernon G. Setser with latest case laws. Elucidate the role of Right to Information in ensuring transparency and accountability in the system. How far the amendment of 2019 has affected the spirit of the access to information?RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Roll No. RG/ETIGA2NG B.A.LLB. (HONS,) FYIC END TERM EXAMINATION DECEMBER -2019 FIFTH SEMESTER PAPER - Hl: CRIMINAL LAW ~I (SUBSTANTIVE LAW) TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Note: Section-A is compulsory and each part carries 5 marks, Attempt ‘one question each from Section B, C, D & B and each question carries 15 marks, SECTION-A 1, Write short notes on the following: a. A takes up a gun and without examining whether it is loaded or not points it playfully at B and the gun goes off killing B. Is A liable for the killing of B? b. ‘Contempt of the Lawfil Authority of Public Servants. . Concept of Crime in light of the statement that, “Crime is the point of conflict between individual and Society’ 4. Offences Relating to Elections SECTIOI 2a) Right of Private Defence is a defensive right and not a offensive right. Discuss the relevant IPC provisions to support your answer. When does the right of private defence of the body extends to causing of death. b) Elaborate with the help of decided cases when the right of private defence of property extends to causing death, Contin Potb) ) b) 6.0) by Discuss with the help of case nw Immaturity of Mind and Intoxication as a general defence under the IPC ‘A sce’s Z commit what appears to A to be the murder. A, in exercise, to the best of his judgement exerted in good faith, seizes Z, in order to bring Z before the proper authorities. Is A liable for wrongful restaint of Z. Answer with the help of relevant provisions of IPC and case laws. SECTION-C Write a detailed note on: ‘The Fundamental principle of criminal liability is that, “there must be wrongful act combined with wrongful intention”. Elaborate. (10 Marks) ‘The question whether there was any common intention or not depends upon inference to be drawn from proved facts and circumstances of each case. The totality of circumstances must be taken into’consideration in arriving at a conclusion as to whether accused had a common intention to commit offence with which they could be convicted. In the light of the above statement explain the law regarding Group Liability. (05 Marks) Courts do not see eye to eye with severe punishments prescribed in the statutes, The statute is the child of the classical theory of punishments and the courts have now come to decept the influence of humanists in the matter of punishments. In the light of the above statement explain the various kinds of Punishment and also when may a sentence of death be passed. SECTION. Discuss with the help cf appropriate case laws, the offences of giving false evidence, Also differentiate between giving false evidence and fabrication of false evidence. (10 Marks) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a ducuity int the house of Z, ‘wealthy merchant residing in a neighbouring place and being bound under clause 5, section VII Regulation fl, 1821, of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, willfully misinforms the police officer that a body of suspicious character passed through the village with a view to commit dacoity in aTa) b) 8.a) b) certain distant place in a different direction. Is the watchman liable for an offence under the IPC. (05 Marks) Explain with the help of decided cases the offences affecting the public health and safety with special reference to Criminal Negligence. “Every man should be free to perform his own religion and no man should be allowed to insult the religion of another.” Explain the relevant IPC provision with the help of case laws. SECTION E Distinguish between Unlawful Assembly, Rioting and Affray Distinguish between Abetment and Criminal Conspiracy A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favor by a court of justice, knowingly disobeys that direction of law, with knowledge that he is likely thereby to cause injury to Z. A has committed an Offence. Explain the offence committed and also write a detailed note on Offences relating to Public Servant.RAIHV GANDHI! NATIONAL UNIVERSITY OF LAW, PUNJAB Roll No. RG/ETINI/IZI9 Kr (3 Ye B.A.LL.B. (HONS.) FYIC END TERM EXAMINATION DECEMBER - 2019 FIFTH SEMESTER PAPER - IV: CONFLICT OF LAWS ‘TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Note: Section-A is compulsory and each part carries 5 marks. Attempt ‘one question each from Section B, C, D & E and each question carries 15 marks, SECTION-A |. Write short notes on the following: a. Define Private International “Law and How it is different form Public International Law? '. Limitations and Restrictions for the Applications of Foreign Law. c. Exceptions to Lex situs in respect of Foreign Immoveable Property 4. Theory of Proper Law of Contract. Canta PD4a) b) TION - B Explain the nature and scope of Private International Law: Is there any need and requirément of unification of rules of Private International Law in context of globalization? Write short notes on the followings: Single and Double Renvoi with examples Forum Shopping. Characterization of connecting factors. SECTION -C Define ‘Domicile’. Exolain the ‘domicile of origin’ and ‘domicile of choice’. When does a person get biack his domicile of origin? Refer to Judicial decisions. (10 Marks) ‘A whose domicile of origin in India intends to leave India permanently after receiving an appointment letter for a job in USA. He sent his family to USA and himself stayed in India for few days for meeting his relatives. On the day of leaving, he reaches the airport and he dies of a heart attack. What was the domicile of A at the time of his death? Explain, (05 Marks) Define ‘Jurisdiction’. Explain the principles on’which British Courts and Indian Courts assume jurisdiction in Private International Law. SECTION-D In what circumstances Indian Courts recognize and enforce the foreign judgements? Explain with the help of statutory provisions and decided cases of judiciary. Explain the jurisdiction of Courts and choice of Law regarding Torts under Indian and English Law with the help of judicial decisions. ECTION - E “Regarding marriage two major issues of choice of law have to be examined: the choice of law rules governing the formal validity of a marriage and those rules governing its essential validity or capacity”. Elaborate with the help of case laws. Explain Inter-country adoption in India in light of Central Adoption Research Authority (CARA) guidelines. Also refer the case of Luxmi Kant Pandey vs. Linion.of India governing inter-country adoption.RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Roll No. RG/ET/I/Z9 B.A.LLB. (HONS,) FYIC END TERM EXAMINATION DECEMBER - 2019 FIFTH SEMESTER PAPER - V: FAMILY LAW ‘TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Note: Section-A is compulsory and each part carries § marks, Attempt, ‘one question each from Section B, C, D & E and each question carries 15 marks, SECTION-A 1, Write short notes on the following: . Clear proof of custom will outweigh the written text of law. Comment. b, Living in the nature of Marriage. Elucidate, ¢. Constitutional validity of remedy of Restitution of Conjugal Rights d. Maintenance Pendente lite and Permanent Maintenance. CTION -B 2. What are the major differences in the Mitakshara and Dayabhaga schools of Hindu law. What is the relevance of the schools in modem Hindu Law. 3. Write a commentary on the modern sources of Hindu Law. Contd. P.24a) b) 5a) b) 6a) ») 7a) SECTION-C Discuss the essentials of a valid Hindu Marriage. (10 marks) Discuss the validity of the following Marriages under Muslim Law. (0SMarks) “A? marries ‘B*, when he already has 4 wives. ‘A’ marries ‘B’ without proper witnesses. ‘A marries “B’, pronounces talag on ‘B’ and remarries ‘B” again after Iddat period... iv) ‘A’ marries ‘B’ during period of ‘tuhr’ while on pilgrimage v) ‘A’ marries “B*, woman undergoing Iddat. What is the procedure and consequences of marriage under special marriage ‘Act, 1954 (10 Marks) Discuss the validity of the following, marriages under the Special Marriage Act, 1954. (05 Marks) i) *X°, a boy aged 20 years marries *Y’ a girl aged 18 years. it) °X°, a sikh man marries ‘Y? a Jain girl by Anand Karaz and registered the marriage under the special Marriage Act, 1954 iii) _°X° gets married to *Y” by threatening her with a pistol. iv) ¢X° gets married to ‘Y? whereas ‘Y’ thinks it is a betrothal ceremony. y) _ ‘X? who has been subject to recurrent attacks of insanity marries during a lucid interval. SECTIO! Discuss the theories of Divorce. (10 Marks) ‘A? and ‘B? have been married for 5 years. Their ages are 30 and 26 years respectively. From day one of the marriage they have not been able to live happily. They have a son aged 3 years. There are constant fights and unpleasant scenes at home, at times requiring the intervention of neighbours. The child is introvert and physically weak. Do you think that the marriage is irretrievably broken down and should be dissolved or that it should be allowed to continue this way because both the spouses are at fault and breakdown is no ground of divorce? (0S Marks) “HP the husband beats his wife ‘W’ and child ‘C* and tums them out of the Matrimonial Home. ‘W’ goes to her parents house along with ‘C’, He makes no effort to bring them back even where *W’s’ mother sends messages to “HP to take his wife ‘W’ back. After 2 years, ‘H’ files a petition for divorceon the ground of desertion. Will ‘H’ succeed? Can ‘W’ file a petition for divorce on any ground, b) If there any difference between the Remedy of Judicial separation under S- 10 of Hindu Marriage Act, 1956 and the remedy of claiming the right to separate residence without forfeiting the claim ( maintenance under S. 18(2) of the Hindu Adoption and maintenance act 1956. TION 8. Examine the rights of a divorced Muslim wife to seek maintenance from her husband under the provisions of S, 125 Crpe and the Muslim women (Protection of rights on divorce) Act 1986. (15 Marks) 9a) What are the major changes brought about by the Hindu Adoption and Maintenance Act, 1956 from the ancient Hindu Law in matters of adoption (10 Marks) b) Discuss the validity of the following Adoptions under the Hindu Adoptions and Maintenance Act 1956. (05 Marks) i) ‘A* a married woman aged 26 years adopts a boy aged 5 years. ii) ‘A’ a mother of an illegitimate son ‘B’ gives him in adoption to her brother. iii) “A” adopts a boy ‘B’. Subsequently A’s wife delivers a son ‘C’. A ‘wants to give away ‘B’ in adoption to a friend. Can he legally do so. ‘A newly born child was found abandoned on a railway platform ‘The child was brought up in a Christian Missionary. After 3 years a Hindu couple wants to adopt the child. Will the adoption be valid? v) ‘A’ a girl aged 12 years is a child widow. ‘B’ aged 40 years wants to adopt her. Is the adoption permissible?RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Roll No, RERTNIZ/I219 B.A.LLB, (HONS, FYIC END TERM EXAMINATION DECEMBER - 2019 FIFTH SEMESTER ~ PAPER - VECORPORATE LAW ‘TIME DURATION: THREE HOURS MAXIMUM MARKS: EIGHTY (80) Note: Note: Section-A is eompulsory and cach part carries S marks. Attempt L ‘one question each ‘rom Section B,C, D & E and each question carries 15 marlcs. SECTION - A Wrife short notes on the following: &. Sir Deen Sheikh is a wealthy person and enjoying large passive income. He formed three public companies and Jigreed with each one of them to hold a block ‘of investment. Income received was credited in the accounts of companies but the companies handed back the amouat to Sir Deon Sheikh as dividends. The Income Tax Departiient wishes to charge the entire income of three companies in hands of Sir Deen Sheikh. Discuss the validity of thi action by Income Tax Department. b. Deny and peek Co. Ltd. Issued a prospectus declaring that company was regularly declaring dividends for last three years without mentioning that the company had suffered losses for two out of three years. Om Bhatt duly received a copy of this prospectus and after reading the statement he became interested in buying the stares of this company. As the cutoff date for applying for the shares had already passed, he purchased the shares fiom the stock exchange on the first date of its listing. Soon he realized that the company was suffering from huge: losses, and the director Derry had dcceitfully issued the prospectus. Guide him through the legal course of action, if possible against company/directors. Cont... P. 22 Sui Shui& Co., a partnership firm applied for shares in Novation Ltd. The company allotted the shares that were partly paid @ Rs. 6 out of Rs. 10. In the given context, what is the tiability of the partnership firm? I. A company had thre: sharcholders- A, B and C with the shareholding of 98%, 1% and 1% respectively. B and C jointly filed a petition for prevention of oppression and mismanagement before the National Company Law ‘Tribunal. Latteron, B withdrew his consent for filing the petition. Examine Whether C alone can successfully apply to the Tribunal. SECTION -B What do you understand by conporate ‘personality? Discuss the circumstances in which the corporate personality of a company can be disregarded, Explain various kinds of companies under the Companies Act, 2013. SECTION -C Write short notes on : 1) Doctrine of Ultra Vires; 2) Doctrine of Alter Ego; and 3) Doctrine of Constructivé Notice, Write short notes on ; 1) Red Herring prospectus; 2) Shelf Prospectus; and 3) Misrepresentation in a prospectus SECTION-D Discuss the modes of becoming member in a company. Distinguish between transfer and transmission of sheres: Discuss the requisites of'a valid mesting, Distinguish between ordinary ‘business and special business to be transacted in a company's meeting, SECTION -E What do you~understand by ‘Majority Rule’? Explain the exception to ‘Majority Rule’ under indian Law. Distinguish between winding up, dissolution of a company and striking off the name of a company. Explain the effect of insolvency and Bankruptcy code on winding up under the Companies Act, 2013.