Hidayatullah National Law University,

Raipur

End Term Examination, November-2011

SEMESTER - V

PUBLIC INTERNATIONAL LAW

Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1.

International Law is the Vanishing Point of Jurisprudence Examine this

statement in the light of development of International Law in 21 st Century.

2.
a. Katherine, the daughter of a Foreign Ambassador in India, is studying
in a Medical College in India. She fell in love with her classmate,
Sanjay an Indian. Katherines brother Kelvin is studying in an
Engineering College and staying in hostel in India. On knowing about
the relationship between Katherine and Sanjay, the Foreign
Ambassador along with his Son, Kelvin and his driver Manohar, an
Indian went to the hostel of Sanjay and attacked him. Indian Police
has registered a criminal case for grievous hurt and attempt to murder.
Discuss the liability of Foreign Ambassador, his son Kelvin and his
driver Manohar in the light of Immunities and Privileges applicable to
diplomatic agents under International Law.
(3 Marks)
b. Define Diplomatic Agents. Explain the various immunities and
privileges available to Diplomatic Agents under International Law.
(7 Marks)
3.
a. Edward, a British citizen came to India for spending his holiday. While
Edward was roaming around in the city of Delhi, a mob violence took

place and he got injured and also lost his lap top and other valuable
things. After few days he went back to UK and UK government claimed
compensation on behalf of Edward from India. Discuss the liability of
Indian State in the light of law relating to State Responsibility under
International Law.
(2 Marks)
b. Examine the law relating to State Responsibility under International
Law. Also discuss the various defenses available to state. (8 Marks)

4.

Discuss in detail the law relating to Recognition of State under International

Law. Explain the differences between De Facto and De Jure Recognition of a
State.

5.

Write Short Notes on Any Two:

a. Asylum

b. Extradition
c. Law relating to Incorporation of International Law in Municipal Law of India

d. Territorial Sea, Contiguous Zone and Continental Shelf

Hidayatullah National Law University, Raipur

End Term Examination, April - 2011
SEMESTER IV
CONSTITUTIONAL GOVERNANCE - II
Max. Marks: 40
Note: (i) Answer any FOUR questions.

Max. Time: 3:00 Hrs.

(ii) All questions carry equal marks.

1. Critically examine the circumstances in which a State Government can be dismissed

under Article 356 of the Constitution of India. Can the exercise of power under this
provision be successfully challenged in a court of law?

2. Discuss the ambit of Parliaments power to amend the Constitution. State the
limitations, if any, on the amending power. Explain in this context the concept of
basic structure of the Indian Constitution.

3. What are the distinguishing features of special leave to appeal by the Supreme
Court? Discuss the principles on which this jurisdiction is exercised.

4. A law passed by the State of Chhattisgarh puts restrictions on the rate of interest to
be charged by the money lenders. The law is challenged by a money lender as being
ultra virus on the ground that it affects the transactions of promissory notes and
should be enacted exclusively by the Parliament i.e. Union list Entry 46, Bill of
exchange, Cheques, Promissory notes. The State argues that the statute relates
merely to money lending and money lenders i.e. State list Entry 30 money lending
and money lenders and therefore is intra virus. Decide the case.

5. Write short note on any two of the followings:a. Curative Petition

b. Residuary Power
c. Doctrine of Repugnancy

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Hidayatullah National Law University, Raipur

End Term Examination, April - 2011
SEMESTER IV
LABOUR LAW-I
Max. Marks: 40
Note: (i) Answer any FOUR questions.

Max. Time: 3:00 Hrs.

(ii) All questions carry equal marks.

1. Lay Off and Retrenchment are two important measures for the protection of
Employer Discuss this statement with the help of ID Act, 1947 and explain the
necessary procedures.

2.

a. Discuss Composition, Power, Duties and Jurisdiction of the Courts of

Enquiry, National Tribunal and Labour Court.

(6 Marks)

b. Explain the law relating to reference of an Industrial Dispute to a Labour

Court established under the Industrial Disputes Act, 1947
(4 Marks)

3. Discuss the advantages of registering a Trade Union under the Trade Unions Act,
1926 and explain the procedure for registration.
4. Standing Orders are considered as an instrument setting out the general terms and
conditions of an employment Discuss the content of standing orders and the
procedure for its certification under the IESOA, 1948.

5.

a. Collective Bargaining

(3 Marks)

b. Discuss Unfair Labour Practices by a Trade Union and its consequences

(7 Marks)

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Hidayatullah National Law University, Raipur

End Term Examination, April - 2011
SEMESTER IV
TRANSFER OF PROPERTY
Max. Marks: 40
Note: (i) Answer any FOUR questions.

1.

Max. Time: 3:00 Hrs.

(ii) All questions carry equal marks.

a. Transferability of property is a general rule, its non-transferability is an

Marks- 5

exception. Comment.

b. A transfers a property to B for his life time and after Bs death to C. What is
the nature of the interest over the property which is given to C? If C dies
before B then who will have interest over the property on the death of B?
Marks- 2.5
c. A transfers a farm to B for his life with a proviso that in case B cuts down a
certain tree, the transfer shall cease to have any effect. Whether the
restriction imposed on the Bs right to enjoy the property is valid? If B cuts
down the tree then what will be its effect on the transfer, who will have
interest over the property?
Marks- 2.5
2.
a. Elaborate the concept of Bonafide transferee for value without notice. What
are the different provisions which protect the rights of bonafide transferee? Is
there any exception to this concept?
Marks- 7
b. Where the transfer is gratuitous and the election is made by the real owner of
the property not in favour of the instrument and the transferor is alive then

whether will the compensation be paid to the disappointed transferee?

Marks- 3
3.
a. Elaborate the Doctrine of Holding Out. What is the effect of the passing of the
Benami Transaction (Prohibition) Act, 1988 on the provisions relating to this
doctrine in India?
b.

Marks- 6

Law leans in favour of vesting of interest and the law disfavor the divesting
of estate once vested. Elaborate.

Marks-4

4.
a. Once a mortgage, always a mortgage. Elaborate the principle.
Marks- 6
b. A is the owner of two properties X and Y. A mortgages X to B for rupees 200/and then both X and Y are mortgaged to C for 400/-. A sells X to D. The value
of each of both these properties is 500/-. The prior mortgage money of 200/- is
paid out of property X. C recovers the amount of 400/- from A. Whether can A
file a case against D for the contribution to the mortgage-debt, if no then why,
if yes then under what provision and for what amount D will be held liable?
Marks-4
(P.T.O.)

5.
a. Write short note on any three of the followingi.

(Marks- 3x2)

Doctrine of acceleration

ii.

Rule relating to apportionment of benefits

iii.

The law relating to marshalling securities

iv.

Usufructuary mortgage

b. A makes a transfer of his property to B for life and then to Bs unborn

children with a condition that a female child will get only a life interested. B

dies leaving three sons and one daughter. Whether is the transfer made in
Marks- 4

favour of unborn children valid?

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Hidayatullah National Law University, Raipur

End Term Examination, April - 2011
SEMESTER IV
ENVIRONMENTAL LAW
Max. Marks: 40
Note: (i) Answer any FOUR questions.

Max. Time: 3:00 Hrs.

(ii) All questions carry equal marks.

(iii) Refer cases wherever necessary.

1. Justify the statement, Article 21 guarantees a fundamental right to life a life of

dignity, to be lived in a proper environment, free from danger of disease and
infection.
Highlight the meritorious role played by Indian Judiciary in the field of environment
protection from various types of pollutions.

2. The Indian Constitution is amongst the few in the world that contains specific
provisions on environmental protection. The directive principles of state policy and
the fundamental duties chapters explicitly enunciate the national commitment to
protect and improve the environment

Discuss in the light of above statement the provisions of Constitution of India and
the meritorious role played by Indian Judiciary in the field of environment
protection.

3. Environment Protection Act, 1986 is an enabling law, which articulates the

essential legislative policy on environmental protection and delegates wide powers to
the executive to enable bureaucrats to frame necessary rules and regulations

Discuss with reference to above statement the main aims and objectives of the EPA
describing the importance of Section 3 and Section 5 and also highlight the
significant role played by Indian judiciary.

4. Discuss the constitution, power and functions of Central Board and State Board
under Water (Prevention and Control of Pollution) Act, 1974?

5. Write short notes- (Any Two of the Following)

(a) Precautionary Principle
(b) Public Trust Doctrine
(c) Stockholm Conference on Human Environment

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