Enrollment No. …………………. DR. RMLNLU, LKO B.A.LL.B./Vth Sem./2016-17/E.T./.Corp. L.

-I(A)

Time - 03 Hours Max-Marks :- 70

November-2016
Corporate Law-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. (a) “It is the duty of the court, in every case where ingenuity is expended to avoid taxing and welfare
legislations, to get behind the smoke-screen and discover the true state of affairs. The court is not to be
satisfied with form and leave well alone the substance of a transaction”. Discuss the following proposition
in light of the relevant judicial decisions.
(b) Can a company claim to be a citizen and ask for fundamental rights under Part III of the Indian
Constitution?
2. Decisions in Salmon v. Salmon & Co, Ltd. and Lee v. Lee’s Air Farming Ltd. epitomize the benefits of corporate
personality. Elucidate.
3. Decisions in Cotman v. Brougham and Bell Houses, Ltd. v. City Wall Properties, Ltd. diluted the doctrine of
ultra vires laid down in Ashbury v. Riche. Critically analyze this. How is the doctrine faring in India currently?
4. (a) Distinguish between equity shares and preference shares. What are the different types of preference shares
that a company can issue?
(b) Fairy Tales Ltd. is an unlisted Indian company incorporated on 5th January, 2013.In its Extraordinary
General Meeting (EGM) held on 9th October, 2016, Fairy Tales Ltd. resolved through a special resolution to
raise funds through issue of Compulsorily Convertible Debentures (CCDs) by way of an Initial Public Offer
(IPO). The company however is reluctant to have its CCDs listed on one or more recognised stock
exchanges. In fact, Miss Naziha David, its Managing Director, is of the opinion that CCDs are not even
“securities” within the meaning of the Securities Contracts (Regulation) Act, 1956. You head the legal
department of the Company and your opinion is sought on the proposed issue. Advise Miss Naziha David in
light of the relevant legal provisions and judicial precedents.
5. (a) The circumstances must be such as to warrant the inference that ‘there had been at least an unfair abuse of
powers and an impairment of confidence in the probity with which the company’s affairs are being
conducted, as distinguished from mere resentment on the part of a minority at being outvoted on some issue
of domestic policy’. Explain the meaning of oppression in the light of the above statement and judicial
precedents. (10 Marks)
(b) Write a note on Shelf Prospectus (05 Marks)
6. (a) The only socially responsible duty for a corporation is to engage in activities designed to increase its profits.
Stakeholder theory of corporation, however, marks a clear departure from this traditional notion. Evaluate
this and specify if the philosophy behind Corporate Social Responsibility overlaps with stakeholder theory
of corporation.
(b) Company has “no soul to be damned, and no body to be kicked”. Analyze whether companies can be made
liable under criminal law for offences that require mens rea.

(SECTION – B) (02X05)
7. Write short notes on issue of securities through private placement
8. Can third parties enforce pre incorporation contracts against companies? Discuss Indian position
9. Discuss whether issue of shares at discount is permissible under Companies Act, 2013.
10. Corporate Governance developments in India owe their renaissance ot the accounting fraud in Satyam.
Comment

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Roll No. …………………. DR. RMLNLU, LKO B.A.LL.B./Vth Sem./2016-17/E.T./.Corp. L-I. (B)

Time - 03 Hours Max-Marks :- 70

November-2016
Corporate Law-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. (a) “It is the duty of the court, in every case where ingenuity is expended to avoid taxing and welfare
legislations, to get behind the smoke-screen and discover the true state of affairs. The court is not to be
satisfied with form and leave well alone the substance of a transaction”. Discuss the following proposition
in light of the Supreme Court judgment in Workmen v. Associated Rubber Industries Ltd.
(b) Can a company claim to be a citizen and ask for fundamental rights under Part III of the Indian
Constitution?
2. Decisions in Salmon v. Salmon & Co, Ltd. and Lee v. Lee’s Air Farming Ltd. epitomize the benefits of corporate
personality. Elucidate.
3. Decisions in Cotman v. Brougham and Bell Houses, Ltd. v. City Wall Properties, Ltd. diluted the doctrine of
ultra vires laid down in Ashbury v. Riche. Critically analyze this. How is the doctrine faring in India currently?
4. (c) Distinguish between equity shares and preference shares. What is the role of the depositories in the
dematerialisation of securities?
(d) Fairy Tales Ltd. is an unlisted Indian company incorporated on 5th January, 2013.In its Extraordinary
General Meeting (EGM) held on 9th October, 2016, Fairy Tales Ltd. resolved through a special resolution to
raise funds through issue of Compulsorily Convertible Debentures (CCDs) by way of an Initial Public Offer
(IPO). The company however is reluctant to have its CCDs listed on one or more recognised stock
exchanges. In fact, Miss Naziha David, its Managing Director, is of the opinion that CCDs are not even
“securities” within the meaning of the Securities Contracts (Regulation) Act, 1956. You head the legal
department of the Company and your opinion is sought on the proposed issue. Advise Miss Naziha David in
light of the relevant legal provisions and judicial precedents.
5. (c) The circumstances must be such as to warrant the inference that ‘there had been at least an unfair abuse of
powers and an impairment of confidence in the probity with which the company’s affairs are being
conducted, as distinguished from mere resentment on the part of a minority at being outvoted on some issue
of domestic policy’. Explain the meaning of oppression in the light of the above statement and judicial
precedents. (10 Marks)
(d) The Companies Act, 2013 creates a more level playing field for minority shareholders. Comment.
(05 marks)
6. (c) The only socially responsible duty for a corporation is to engage in activities designed to increase its profits.
Stakeholder theory of corporation, however, marks a clear departure from this traditional notion. Evaluate
this and specify if the philosophy behind Corporate Social Responsibility overlaps with stakeholder theory
of corporation.
(d) Company has “no soul to be damned, and no body to be kicked”. Analyze whether companies can be made
liable under criminal law for offences that require mens rea.

(SECTION – B) (02X05)
7. Write short note on any one of the following:-
(a) Associate Company
(b) Doctrine of Indoor Management
8. Can third parties enforce pre incorporation contracts against companies? Discuss Indian position

9. Discuss the duties of independent directors under the Companies Act, 2013.

10. Corporate Governance developments in India owe their renaissance to the accounting fraud in Satyam.
Comment.

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Enrollment No. ……………………… DR. RMLNLU, LKO B.A.LL.B./Vth Sem./2016-17/ET/.Cr. P.C. (A)
Time - 03 Hours Max-Marks :- 70

November - 2016
Criminal Procedure Code
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 are the main functionaries exercising powers and discharging duties under the
code of criminal procedure? Explain.
2. State the procedure with the help of case law provided in the Cr.P.C in case the
investigation against an arrested person is not completed within twenty four hours.
3. What are the contents of a charge? How is a charge different from a F.I.R.? What do
you understand by joinder of charges?
4. When can a bail be granted in non-bailable offences? Explain. What provisions have
been laid down by the Cr.P.C. (Amendment Act, 2005) regarding the release of an
under-trial prisoner when he has undergone a fixed period of detention?
5. Who can file an appeal in case of acquittal? Discuss the provision in detail and support
your answer with the decided cases.
6. “The power of court to award compensation to victims is not ancillary to the other
sentence but in addition thereto. It is intended to reassure the victim that he/she is not
forgotten in criminal justice system. It is a measure to responding appropriately to
crime, reconciling the victim with the offender. It is indeed a constructive approach and
a step forward in the right direction”. Keeping in mind the above observation of
Supreme Court in a case, discuss the provisions in law for compensating the victim of
an offence.
(SECTION – B) (02X05)
7. Write a short note on “autrefois acquit” and “autrefois convict”.
8. Does plea bargaining violate some fundamental rights enshrined in the constitution?
Comment.
9. Difference between police custody and judicial custody.
10. Distinguish between ‘admonition’ and probation of good conduct’ as provided in the
Probation of Offenders Act, 1958.
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Enrollment No. ……………… DR. RMLNLU, LKO B.A. LL.B./VthSem./2016-17/ET/Cr. P.C. (B)
Time - 03 Hours Max-Marks :- 70
November-2016
Criminal Procedure Code
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 understand by Arrest? How is an arrest made? When can the police
arrest a person without an order from a magistrate and/or without a warrant? Explain
the rights of an arrested person.
2. What is a Charge? What are the contents of a Charge? Discuss the effects of errors in
a Charge. How is a Charge different from a FIR?
3. What do you understand by a FIR? What is its evidentiary value? What are the duties
of a police officer and the procedure for investigation?
4. Explain the procedure that is adopted for the trial of a Summon case and a Warrant
case.
5. Define the meaning of bail and kinds of bail. Also describe the condition of pre-
arrested and after arrested bail if any.
6. Write the hierarchy of criminal courts under Cr.P.C. and enumerate the powers of the
appellate courts and their jurisdictions.

(SECTION – B) (02X05)
7. Distinction between acquittal and discharge.

8. Write a short note on a Public Prosecutor.

9. Write a short note on Bailable and non-bailable offences.

10. Distinction between a cognizable and non-cognizable offence.

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Enrollment No. ……………… DR. RMLNLU, LKO B.A. LL.B/Vth Sem./2016-17/ET/I.o.S.
Time - 03 Hours Max-Marks :- 70
November - 2016
Interpretation of Statutes
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 the role of internal aids in the interpretation of statutes? Explain with special
reference to the Preamble of the Constitution and the Preamble of legislations.
2. What do you mean by the phrase “intention of the legislature”? Whether a deductive
approach to interpretation is the best way to find the intention of the legislature? Give
reasons for your answer.
3. Explain the rules of operation of enactment, the rules of effects of repeal and revival of
repealed enactments, contained in the General Clauses Act, 1897 with the help of suitable
illustrations.
4. Explain in detail the rule of liberal construction of beneficial and remedial laws with the
help of relevant case law. Whether the liberal construction is correct, even if the language
of the provision prohibits such an expansive reading of the text?
5. Rules of interpretation are not absolute and the context of the case at hand may lead to an
interpretation which is not in accordance with what the rules of interpretation generally
provides for. Critically examine the given statement with the help of suitable illustrations.
6. What do you understand by the retrospective and prospective operation of statutes?
Whether a statute can apply retrospectively to a pending proceeding?

(SECTION – B) (02X05)
7. Write a note on definition and International Conventions as an aid to construction.

8. Explain the difference between the rule of Noscitur A Sociis and Ejusdem Generis.

9. The enactment contained in a non-obstante clause is independent of the provision in

relation to which it has an overriding effect and therefore the overridden provision cannot
limit the scope of the enactment contained in the non-obstante clause. Explain the given
sentence by way of an illustration.
10. Write a note on the statutes affecting the jurisdiction of courts.

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Enrollment No. …………………. DR. RMLNLU, LKO B.A.LL.B./VthSem./2016-17/E.T./L.o.Evi. (A)

Time - 03 Hours Max-Marks :- 70

November-2016
Law of Evidence
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. Joel Peter is being tried for having raped Anne Fraser. Anne Fraser testified during the trial.
Her testimony was that on her way back home after work while she was walking on a secluded
dimly lit lane, a man dragged her into a house and raped her. Afterwards, Joel Peter ran away.
Anne Fraser went back home and narrated the incident to her mother who took her immediately
to the police station. Both Anne Fraser and her mother gave statements to the police and Anne
Fraser’s statement was also recorded under Section 164 of CrPC. Joel Peter was arrested by
the police and in a press conference, the police produced Joel Peter where he confessed to his
crime to the media persons. Joel Peter was produced before the Magistrate and sent to police
custody for three days. Later, a Test Identification Parade was held in the police station where
Anne Fraser identified Joel Peter as the man who had assaulted her.
Upon trial, Anne Fraser identified Joel Peter again as her tormentor but the defense counsel
argued that it was not possible for Anne Fraser to have identified Joel Peter as there wasn’t
sufficient light in the street and in the house where the alleged sexual assault occurred. Defence
sought to lead evidence to the effect that Joel Peter was hospitalised on the date and time of
alleged incident and it was not possible for him to be at the place of incident.
The prosecution wants to prove the following:
a. Statement of Anne Fraser to her mother after the sexual assault.
b. Confessional statement of Joel Peter to the journalists in the press conference.
c. Statement of Anne Fraser and her mother to the police.
d. Statement of Anne Fraser at the Test Identification Parade.
Are the above statements relevant and admissible? Explain with the help of statutory and case
law.
Also determine the relevancy of the fact that Joel Peter was hospitalised.
2. Morgan Shams and Nicole Goodwin were arrested in connection with an armed bank robbery
in which a huge amount of cash was looted and the security guard of the bank killed. In police
custody, during interrogation, both Morgan and Nicole told the police that they have in fact
committed the robbery and can show the police the place where they have hidden the
currency. Morgan and Nicole are taken to Morgan’s house and the police dug up the backyard
of the house recovering a trunk stashed with the currency notes. Morgan also told the police
that it was Nicole who had killed the security guard as only he was carrying a gun. Morgan
repeated the same statement before the Magistrate recorded under Section 164 of CrPC.
Upon their joint trial, the prosecution sought to prove the statement of Morgan and Nicole
made to the police. It also sought to prove Morgan’s statement against Nicole.
Discuss the relevancy of the statement made by Morgan and Nicole. Explain with the help of
statutory and case law.
3. (a) What is a leading question? Illustrate. Can leading questions be asked by the party who has
called the witness? Give reasons.
(b) What are the different kinds of examination of a witness? What is the order of examination
of a witness?
P.T.O.
4. What do you understand by “circumstantial evidence”? What principles were laid down by
the Supreme Court in Sharad Birdhichand Sarda v. State of Maharashtra, 1984 Cri LJ 1738,
regarding circumstantial evidence?
5. Write an elaborate note on the law of dying declaration in India. Compare it with the English
law on dying declaration.
6. Discuss the law relating to relevancy of things said or done by conspirators in reference to
common design. Take help of statutory and case law.
(SECTION – B) (02X05)
7. Write a short note on “May presume”, “Shall presume” and “Conclusive proof”.
8. Briefly mention the relevancy of “facts forming part of same transaction”.
9. Sha ll a witness be excused from answering a question on the ground that the answer shall
expose him to a criminal proceeding? What is the consequence of not answering?
10. Admissibility of a communication made between spouses during subsistence of a valid
marriage.
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Enrollment No. …………………. DR. RMLNLU, LKO B.A.LL.B./Vth Sem./2016-17/E.T./ L.o.Evi. (B)

Time - 03 Hours Max-Marks :- 70

November-2016
Law of Evidence
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 law relating to Res Gestae.
2. Discuss the law relating to the relevance of conduct under section 8.
3. Discuss the relevance of similar facts as provided under section 14 and 15.
4. Discuss the evidentiary value of a dying declaration.
5. Discuss the law relating to testimony of an accomplice.
6. Discuss the presumption under section 112.

(SECTION – B) (02X05)
Distinguish between the following:
7. Direct and Circumstantial Evidence.

8. Relevancy and Admissibility.

9. Oral and Documentary Evidence.

10. Evidence and Proof.

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Enrollment No. ……………………… DR. RMLNLU, LKO B.A.LL.B./Vth Sem./2016-17/ET/Bank. L. (A)
Time - 03 Hours Max-Marks :- 70
November - 2016
Banking 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 Banking System in India and the impact of the R. C. Copper
Case on Banking Industry.
2. What are Negotiable Instruments? What is the difference between Promissory Note, Bills
of Exchange and Cheques.
3. Critically explain the contractual relationship between Banker and Customer.

4. Explain the powers and functions of the Reserve Bank of India under the RBI Act 1934?

5. Discuss the different kinds of securities for banker's advances and loan guarantees.

6. ‘The object of bringing Section 138 on the statute book is to inculcate faith in the efficacy
of banking operations and credibility in transacting business on negotiable instruments.’
Elucidate.

(SECTION – B) (02X05)
7. Holder and Holder in Due Course
8. The Banking Ombudsman Act, 2006
9. Winding up of banking companies.
10. Define Fraud and suggest measures to control them.

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Enrollment No. …………………….. DR. RMLNLU, LKO B.A.LL.B./Vth Sem./2016-17/ET/Ban. L. (B)
Time - 03 Hours Max-Marks :- 70
November - 2016
Banking 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 provisions of the Banking Regulation Act, 1949 with regard to:
(a) Licensing of Bank in India and the latest norms regarding the New Bank Licensing
Policy.
(b) Cancellation of licence.

2. What were the reasons for the nationalization of banks in India? Outline the arguments for
and against the nationalization of banks. Support your answer with the help of case law.
3. Discuss the various methods employed by Reserve Bank of India in order to make its
credit Policy effective. How far has the Reserve Bank of India been successful in
controlling credit?
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 by the
Tribunal constituted under the Recovery of Debt Due to Banks and Financial Institutions
Act, 1993.
5. Explain the provisions related to the Winding up of banking company given under
Banking Regulation Act, 1949. What are the various steps involved in case of
amalgamation of two banks? Support your answer with the help of case law.
6. “The Banking Ombudsman Scheme, 2006 enables an expeditious and inexpensive forum
to bank customers for resolution of bank complaints relating to certain services rendered
by bank.” Explain with special reference to its jurisdiction, power and manner in which a
complaint is to be made. Does an appeal lies against the award of the Banking
Ombudsman?
(SECTION – B) (02X05)
7. Explain the relationship of a banker and customer in the following transactions:
I. Loan from the bank
II. Safe custody of articles
III. Collection of cheques
IV. Hiring of Locker
V. Mortgage deed
8. Discuss the law laid down in Mardia Chemicals Ltd. vs. Union of India in light of
SARFAESI ACT, 2002.
9. Discuss the precautions which a banker should take while granting advances with the
Land/Real Estate as a type of security that a banker takes to secure the advance.
10. “Bankers obligation to maintain secrecy of customer’s account is not absolute but
qualified.” Comment.
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Enrollment No. …………………. DR. RMLNLU, LKO B.A. LL.B./Vth Sem./2016-17/ET/P.L.-I
Time - 03 Hours Max-Marks :- 70
November - 2016
Law of Property-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. What are the essentials of a valid transfer of immovable property? Discuss the nature of
transfer of the following-
(a) Spes successionis
(b) Mesne profit
(c) Actionable claim
(d) Salary of the Public Officer
(e) Easement
2. (a) Discuss the doctrine ‘ut lite pendent nihil innovertur’.
(b) A person X is the owner of two houses H1 and H2 located in the Gomatinagar,
Lucknow. He has sold H1 house to Z for Rs 60 lakh in October 20, 2012 and
entered into agreement with M to sell property H2 for Rs 50 lakh on October 30,
2012 and took advance of Rs 20 lakh. Wife of X has filed a suit against him
claiming past arrears of maintenance and future maintenance and sought charge on
the property H2 on December 15, 2013 and the matter is still pending. On the other
side M has filed a suit for specific performance of the contract against X on
December, 24, 2015 and the trial court has decided in the favour of M. Now X is
planning to file an appeal against the decision of the trial court in the High Court.
Advise X in above circumstances and also determine the rights and liabilities of
wife of X and M.
3. (a) “Election under Section 35 T.P.A. is an obligation to choose between two
inconsistent or alternative rights in a case where there is a clear intention of the
grantor that the grantee should not enjoy the both.” Elucidate the above statement.
(b) When does election become necessary under the above provision?
4. “Law always favours bonafide non-gratuitous transferee.” Critically evaluate this
principle with the help of relevant statutory provisions and decided case laws.
5. Discuss the doctrine of holding out. What are the considerations to decide a person as
ostensible owner as laid down in Jayadayal Poddar v. Bibi Hazra, AIR 1974 SC 171.
6. Discuss the various aspect of benami transaction in the light of Benami Transactions
(Prohibition) Amendment Act, 2016. Do you agree that this Act will be sufficient to
prohibit the benami transactions?
(SECTION – B) (02X05)
7. Explain the meaning of Refractory donee and Disappointed donee in the light of Section
35 T.P.A.
8. Write down the contemporary importance of doctrine of Part Performance.
9. Explain the Rule against perpetuity and its exception if any, in the light of the various
provisions of T.P.A.
10. How does Rule of Marshalling under Section 56 T.P.A. protect the subsequent purchaser?

……………………………..