CHANAKYA NATIONAL LAW UNIVERSITY NYAYA NAGAR, MITHAPUR, PATNA- 800001 End Semester Examinations - November, 2022 (7" Semester) a B.A., LL. B, (Hons.)/ BiB.A., LL.B. (Hons. as ion.of Statutes and Principles of Legislation Maximum Marks: 60 ~~ Roll No. - nswer all Questions. ; n Figures in the brackets indicate full marks. . 300 words Group A: Write Short notes on the following and each answer should not exceed (5x6= 30 Marks) 1. Rule Noscitur a sociis @ 4 2. Rulle in the Heydon’s case. . Doctrine of repugnancy . Delegatus non potest delegare x10= 20 Marks) 6. The petitioners who were dealers in betel leaves were assessed to sales tax by the Assistant Sales Tax Officer under the provisions of the C. P. and Berar Sales Tax Act, 1947. The contention of the petitioners was that under See. 6 read with the Second Schedule of the Act ‘betel leaves’ were not taxable. Under See. 6 of the Act articles mentioned in the said ‘Schedule were exempt from Sales Tax and articles not mentioned were taxable. There were two items in the Schedule, namely, item 6, “vegetables”, and item 36, “betel leaves”, but subsequently item No. 36 was omitted by an amendment of the Act, Now the petitioners claim that the entry “betel leaves” is inclusive under item 6, “vegetables” and thus it stand exempted. What is the best ule of interpreiation inthis case? Explain the n the help of decided cases. \ hag en {Wo Or more-provisions of the same statute lore pro are repugnant, the court will try Constre the provision in such a manneF if posible, as 10 give etfeny oe a a which appropriate rule of statutory interpretation j eens S it possible? Discuss, Group C: Answer should not exceed 600 words eS (10 Marks) ‘ule in detail with 8. In the interpretation of the statutes, the internal and ¢ know the intent and content of the law makers, Diso statutes. ternal aids pl : '€y an important role to ‘uss the internal aids of interpretation of = eeNATIONAL LAW UNIVERSITY THAPUR, PATNA- 800001 NYAYA NAGAR, MITHAPUR, YAY AN Examinations - November, 2022 End Semester (7 Semester) LL.B. (Hons. B.B.A., LL.B. Hons.) CHANAKYA BAs T Intellectual Property Law. . pial Time: 3 hrs Maximum Marks: 60 Answer all Questions Roll No. - » ieures in the brackets indicate full marks. a Group A: Each answer Sead exceed 300 words (5x6= 30 Marks) » 1. What do you mean by infringement of copyright? Discuss the defences available against the infringement of copyrights under the Act. « va . 2. “The Semiconductor Integrated cireuit Layout design’ has a separate legislation for its protection. ‘What is the reason? Explain. What are the conditions forits registration? + 3. “Explain the term ‘Geographical Indications ‘as defined under Geographical Indications of Goods (Registration and Protection) Act 1999. What are the prohibitions of registration of certain geographical indications? ~ - mr ? entioned under the Protection of Plant ie 4, Discuss the provisions of ‘new variety’ as mi Farmers’ Rights Act, 2001.What are conditions of registration of ‘new variety” under Explain. : ae j ii enh p REST. As, 1970. Differentiate between Pre-frant and Act? eed 400 words 1+ version of the classical music which was the collections from out the cover Group B: Each answer should not exe 6. (a) *X? a Musical Co made a cover four films of 1970s. He informed the two sound recording companies-Y & Z abi version and ignored the other two -A &B. He sent the royalty in advance to the Y & Z and left A &B, When the cover version was released, A &B filed suit against X. Whether X is liable for [5 Marks] infringement. Decide the dispute. (b) Mr. P was doing a business of tea in Assam. He had got his trademarks registered in 1970s.Mr. 'A started business in 2004 of tea in Guwahati, Mr. ® challenged against the use of trademarks by ing that it was identical to his registered Geographical indications. He demanded [5 Marks] Mr.P sayii cancellation of the trademarks of Mr.P. Decide the dispute. 7. (@) Mr. X was residing in a City, ¥ which was encircled with four boarders of different districts B,C and D, The defendantwas residing in other two district court jurisdiction C &D. Y infringed the copyrighted book of Mr. X. Advise X to file suit in the appropriate Court having jurisdiction, a IS Marks] (©) Mr. X was doing a business of Mustard oil He had got his trademarks 2) registered. He started advertising hig mustered oil saying that his oil (Z) is better and healthier than any other mustard oi of any’ other trade mark in India. Mr. C was also doing the same business. He felt offended and filed suit against Mr. X. Decide the dispute 15 Marks} eed 600 words (10 Marks) nd purposes of Compulsory licence under the Patents Act, 1970, Mure of ernting such ienoes with FFrENCE to Nateo vs, Baya Group C: Answer should not exe 4 & Discuss the general principles Explain the conditions and proce case,CHANAKYA NATIONAL LAW UNIVERSITY NYAYA NAGAR, MITHAPUR, PATNA- 800001 End Semester Examinations - November, 2022 (7 Semester) |, LL.B. (Hons.)/ B.B.A., LL-B. Hons.) LAND LAWS — - Maximum Marks: 60 Total Time: 3 hrs. Answer all Questions. Roll No. - B. Figures in the brackets indicate full marks. notes on the following and each answer should not exeeed 300 words Group A: Writ. (5x6= 30 Marks) _ National Monitoring Committee for Rehabilitation and Resettlement * |. Provision to Safeguard Food Security under LARR Act, 2013. eviction, and sub-letting under Model Tenancy Act. * . Rights of Allottees under RERA. _ 1 2 3. Conditions for tenancy, 4, 5, Real Estate Regulatory Authority. ~ Group B: Each answer should not exceed-400-words ~~~ ~~~ —(2x10=20-Marks)———— 6. The respondents in the case of State of Bihar v. Kameshwar Singh, 1952 1 SOR 889, put forward the argument that the necessity for the existence of a public purpose is implicit in entry 36 in List II and that the existence of a public purpose is also a requirement of entry 42 in List III which is made a part of entry 36 in List II of schedule VII of the Constitution of India, by virtue of the words "subject to”, etc., appearing at the end of that entry and his conclusion is that in the absence of a public purpose the Bihar Legislature had no legislative competency under those two entries to enact the impugned Act and that this ground of attack is still available to his notwithstanding the provisions of Articles 31(4), 31-A and 31- B. Can this objection be sustained? Decide. 2 The land of the respondents was notified under Section 4 of the Land Acquisition Act, 1894 for public purposes and objections under Section SAwere invited from the persons interested. Respondents - persons interested, filed their objections under Section 5A of the Land Acquisition Act, 1894. However, without considering and disposing of the same, declaration under Section 6 of the Land Acquisition Act, 1894 was made. Notices under Sections 9 of the Act 1894 were also issued to the persons interested. It was at this stage that the respondents filed writ petitions before the High Court challenging the acquisition proceedings contending that proceedings could not be continued without disposing of the objections filed by them under Section SA of the Land Acquisition Act, 1894. . Please Turn OverThe High Court held that in a situation where objections had been filed and had been heard by one Collector and the report had been submitted by another Collector, the proceedings stood vitiated being in violation of principles of natural justice. The Union Government has come in appeal to the Supreme Court against the judgement of the High Court. Decide. Group C: Answer should not exceed 600 words (10 Marks) 8. “The property of subjects is under the eminent domain of the State, so that the State or he who acts for it may use and even alienate and destroy such property.” In the light of above statement, discuss the power of Eminent Domain.CHANAKYA NATIONAL LAW UNIVERSITY NYAYA NAGAR, MITHAPUR, PATNA- 800001 End Semester Examinations - November, 2022 (7" Semester) B.A., LL. B. (Hons.)/ B.B.A., LL.B. (Hons.) COMPANY LAW Total Time: 3 hrs. Maximum Marks: 60 Answer all Questions. Roll No. - Figures in the brackets indicate full marks. Group A: Each answer should not be more than 300 words 1. Discuss with the help of decided cases the significance o : circumstances in which the Court has historically ‘pierced the veil of corporate personality’. 2. Explain the key legal duties of a company’s Executive Directors and their interlinked Remuneration, ~ 3. Special Courts have been established to ensure effective and quick dispo: offences triable by Special Court. Elucidate * 4, Like any other free-economy country, Indian companies are al financial markets through public issues of shares and other inst confines of SEBI. Elucidate 5, What is Extra Ordinary General Meeting? State the two main methods of voting at a general ‘meeting and explain how they operate. . _ (5x6= 30 Marks) f corporate personality and the sal of cases and the lowed to raise capital and access uments within the regulatory Group B: Each answer should not exceed 400 words 8 (2x10= 20 Marks) 6. Bold and Tough have been running a successful Mithila Art & Antiques business in partnership ! for the past three years, They are seeking to expand their business, and they need your advice on the most appropriate business structure. They have a large stock of furniture, paintings and other antiques, some quite valuable. They also have two vans and various tools and items of equipment. They have recently moved into larger premises, taking a lease on a large shop in Patna. They would also like to acquire a workshop to allow them to undertake more furniture restoration projects, but they have a few unpaid debts which they would like to pay off first Bold and Tough have two possible means to raise funds for the planned expansion. One is to take a loan from their bank. The other is to borrow money from Tough’ parents. Tough’ parents have indicated that they are willing to invest capital into the business but they would need an income from their investment. They do not want to participate in the day to day running of the company, but they do expect to be consulted on major decisions. Bold and Tough want to retain overall control of the business themselves. (a) Prepare an advice note for Bold and Tough, advising them of their options and indicating how best to accommodate their wishes and those of Tough’s parents. (b) Bold and Tough decide to set up a private limited company, B&T Art Life Ltd. Two years later, they agree that although the company is solvent, they wish to liquidate the company. ‘Advise them on the best way of doing this, 7. @ Dnt a Memorandum of Association of a Public Company Limited by Guarantee having share capital (b) Define Share and Share Capital of the Company. Distinguish between Member, Guarantor and Subscriber to MOA. Group C: Answer should not be more than 600 words (10 Marks) 8. Corporate Restructuring is carried out when a company requires restructuring its business to perform well in the market. Discuss the Corporate Reconstruction Strategies and its benefits under Companies Act, 2013 and SEBI Laws.CHANAKYA NATIONAL LAW UNIVERSITY NYAYA NAGAR, MITHAPUR, PATNA- 800001 End Semester Examinations - November 2022 (7" Semester) B.A, LL. B. (Hons.)/ B.B.A., LL.B. (Hons.) ENVIRONMENTAL LAW ; a Total Time: 3 hrs. Maximum Marka Answer all Questions. Roll No. - Figures in the brackets indicate full marks. = 30 Mark: Group A: Each answer should not exceed 300 words. (6x6= 30 Marks) 1. Explain the applicability and significance of the precautionary principle in Indian environmental law. : 2. What are the aims and PAnER of the National Green Tribunal Act, 2010? Elucidate the jurisdiction of the tribunal. —~ 3. Explain the tortioi lution citin; wa Se luck Concept of Environment Impact Assessment and explain the procedure for environment clearance for new projects under EIA Notification, 2006. © —~ 5. Explain the sampling procedure provided in the Water (Prevention and Control of Pollution) Act, 1974, / n based on nuisance as an effective remedy against environmental Group B: Each answer should not exceed 400 words. (2x10= 20 Marks) 6. Ina temple, prayers are offered every hour through loudspeakers at a very high pitch. During festivals, music is played continuously through loudspeakers until 11 p.m. When the residents of the area complained, the answer was that offering prayer is part of their freedom of religion. The residents want to approach the court. Analyze the existing law and explain whether they will get the remedy. ~ Pai 7. Mis XY Chemical Ltd., a private sector undertaking, was engaged in the manufacture of ammonia, a hazardous chemical. The ammonia was stored in a-storage tank having a capacity of 10,000 tons. However, there was a leakage of ammonia from the storage tank, killing 200 People, both among the workers and the public, and causing environmental degradation, Rishi, a public-spirited citizen, approaches you to file a PIL before the Supreme Court of India, Advise and discuss the relevant legal principles (statutor ry and case law) that strengthen your case before the Supreme Court, + sina Group C: Answer should not exceed 600 words, (10 Marks) 8. What do you understand by the term “Sustainable Development’? What is the le; zZ 2 ral status of Sustainable Development in India? Discuss in the light of the decided cases, eee if