LL.B III SEMESTER EXAMINATIONS, 2022
SUBJECT: CONSTITUTIONAL LAW-I
PAPER CODE: LB-301
TIME: 3 HOURS MAXIMUM MARKS:100
Instructions:
All questions carry equal marks (25 marks).
This question paper contains total 6 questions.
Attempt any four questions out of 6 questions.
Answers may be written either in English or in Hindi but the same medium
should be used throughout the paper.
1. By the Presidential Proclamation dated 20 February 2022, the Council of Ministers
of State X (of India) was dismissed and the legislative assembly of the State was
dissolved on the ground that there were serious allegations of corruption against the
Council of Ministers of the State. Discuss the constitutional validity of the
Presidential Proclamation in the light of the constitutional provisions and case law.
2. Illegal land allotment was alleged against two ministers of State X (of India). The
Lokayukta conducted an inquiry and submitted his report holding that there were
sufficient grounds for prosecuting the ministers under the provisions of the Prevention
of Corruption Act,1988 and for the offences of criminal conspiracy under the Indian
Penal Code,1860. Sanction was applied for prosecution of the ministers from the
Council of Ministers of the State. The Council of Ministers concluded that no prima
facie case was made against these ministers. The Governor of the State decided in
favour of the prosecution of the ministers on the ground that a prima facie case had
been made out against the ministers. Discuss the scope of Governor’s discretion in
this case with the help of constitutional provisions and case law.
3. The Government of State X (of India) issued a notification exempting the new
industrial units established in specified areas of the State from taxation for a period of
three years. This exemption was stated to be available only to those new units which
have commenced their production from 28 January 2022. Discuss the constitutional
validity of the notification of the Government of State X.
4. The Supreme Court observed in Raja Ram Pal v. Hon’ble Speaker, Lok Sabha
(2007) 3 SCC 184 (para.292) thus:
“It is axiomatic to state that expulsion is always in respect of a member. At the same
time, it needs to be borne in mind that a member is part of the House due to which his
or her conduct always has a direct bearing upon the perception of the House. Any
legislative body must act through its members and the connection between the
conduct of the members and the perception of the House is strong. We, therefore,
conclude that even if the Parliament had only the limited remedial power to punish
for contempt, the power to expel would be well within the limits of such remedial
contempt power.”
Discuss the scope of judicial review, the theory of separation of powers and
legislative privileges in the light of the above observation by the Supreme Court.
5. Is the Parliament of India constitutionally restricted from enacting legislation with
respect to extra-territorial aspects or causes that do not have, nor expected to have any,
direct or indirect, tangible or intangible impact(s) on or effect(s) in or consequences
for: (a) the territory of India, or any part of India; or (b) the interests of, welfare of,
well being of, or security of inhabitants of India, and Indians? Discuss.
6. The process of judicial appointment is viewed as an important mechanism to
achieve judicial independence. Discuss.
LL.B. III - SEMESTER EXAMINATIONS
SUBJECT: CODE OF CIVIL PROCEDURE & LIMITATION ACT
PAPER CODE: LB-302
TIME: 3 HOURS MAXIMUM MARKS: 100
Instructions:
All questions carry equal marks (25 marks)
This question paper contains total of 6 questions and two parts- Part A and
Part B.
Attempt at least one question from Part B. Attempt 4 questions in all.
Answers may be written either in English or in Hindi but the same medium
should be used throughout the paper.
PART A
Q1) In a suit for possession of land and for permanent injunction restraining the
defendants from alienating the land by way of sale, the plaintiff filed an application
under Order 6 Rule 17 of the Code of Civil Procedure, 1908 seeking the amendment
of the plaint by making a prayer for declaring that the judgment and the decree passed
in earlier civil suit between them as null and void and ineffective against the rights of
the plaintiff. The application for amendment was dismissed mainly on the ground that
the same has been filed without explaining the alleged inordinate delay and that the
proposed amendment of the plaint is likely to change the very foundation of the suit
by introducing a distinct cause of action. The counsel of the defendant admitted that
the relief claimed by the plaintiff is not barred by time and the proposed amendment
does not take away any vested right of the defendant. Discuss and decide whether the
proposed amendment can be allowed.
Q2) A filed a suit on the basis of a cheque of Rs. 50,000 drawn by B in favor of A,
which on the presentation to the bank was dishonored. A filed a suit under Order 37
of the Code of Civil Procedure, 1908. B applied for leave to defend the suit filed by
A. The judge held that “The defence raised by B raises a triable issue but, he held
that B has not placed anything on record to show that his defence is a bona fide one”.
The judge thus permitted B to appear and defend the suit on the condition of giving
security to the extent of the amount of the suit and cost of the suit. B applied for
review and appeal but failed. B did admit execution of cheque by him but he pleaded
that it was only given as a collateral security for the price of the goods, which A
supplied to B. B backed up his assertions with an affidavit but the judge demanded
documentary evidence from B in his defence and observed that in the absence of this
evidence, the defence of B seems to be vague and frivolous. Whether this observation
seems to be correct keeping in mind the provisions of Order 37? Discuss and decide
as per the case laws.
Q3) Plaintiff is elder brother of the defendant. When he acquired and constructed
property, defendant was 17 years old. Plaintiff permitted defendant to stay on first
floor after his marriage. Their relations turned sour as defendant obstructed plaintiff,
when he wanted to construct two toilets on ground floor and raise construction on 2nd
floor. Plaintiff filed suit for possession of first floor, declaration and injunction
against defendant and moved an application under Order XXXIX, R. 1 and 2 C.P.C.
for temporary injunction for removal of staircase constructed by defendant in front of
property without consent of plaintiff or sanction of M.C.D. It is alleged that there is
staircase in the backside, which is properly sanctioned and is in use; the plaintiff
cannot enjoy his property unless unauthorized construction is removed. Application is
opposed on the ground that no notice for demolition has been received from M.C.D.
and apprehension of plaintiff is without foundation; construction of staircase took
place long time ago; by removing it, the plaintiff may not receive any particular
benefit, but it would cause great inconvenience and hardship to defendant. Decide the
application giving reasons therefor.
Q4) N, a sub-inspector of police in U.P. was dismissed from service by an order of the
D.I.G. Police. N filed a writ petition against the order in the High Court at Allahabad
for quashing the disciplinary proceedings on ground that he was not provided a
reasonable opportunity to meet the allegations against him and action taken against
him was malafide. It was dismissed. N then filed a suit in Court of Civil Judge, Etah
in which he challenged the order of dismissal on the ground, inter alia, that he had
been appointed by the Inspector-General of Police and that the D.I.G. Police was not
competent to dismiss him by virtue of provisions of Article 311(1) of the
Constitution. Suit was decreed on second appeal by the High Court. State of U.P. filed
an appeal against the judgment and decree of the High Court. Discuss the merits of
appeal giving reasons.
PART B
Q5) On February 4, 1964, A executed a promissory note for Rs. 10,000/- in favour of
B and simultaneously gave to B a cheque dated February 25, 1964 filled in his own
hand and signed by him as drawer as conditional part payment of debt. The cheque
was presented to be cashed by bank on March 2, 1964. Period of limitation for
bringing suit is three years. B brought a suit on February 22, 1967 against A for
recovery of balance debt. A pleaded that suits was barred by limitation. B relied upon
section 19 of Limitation Act,1963. How will you decide the point of limitation? Give
reasons and also the date from which limitation period will start.
Q6) A suit between X and Y was decided against Y. Y preferred an appeal against the
said order which was late by a month. Y moved an application under Section 5 of
Limitation Act on the ground that he could not file the appeal within the stipulated
time as he and his family was admitted in the hospital during the Corona pandemic. Y
pleaded that as soon as he got discharged from the hospital, he filed an appeal against
the said order. Decide.
LL.B. III SEMESTER EXAMINATIONS
SUBJECT: COMPANY LAW
PAPER CODE: LB-303
TIME: 3 HOURS MAXIMUM MARKS: 100
Instructions:
All questions carry equal marks (25 marks)
This question paper contains total 6 questions.
Attempt any 4 questions out of 6 questions.
Answers may be written either in English or in Hindi but the same medium
should be used throughout the paper.
Q1. ‘Speedy News Ltd.’ runs a popular news and current affairs channel on a
famous online video sharing and social media platform. Presume, that the
Parliament has enacted a legislation recently according to which the Indian
companies that run news channels on social media platforms need to obtain
license from the Government of India, on payment of a license fee, in order to
continue their channels. As ‘Speedy News Ltd.’ did not obtain the requisite
statutory license, its said channel is blocked and a fine is imposed under the
government orders, issued in accordance with the provisions of the said
legislation. The said company, its managing director, two shareholders, and
the channel’s editor file a writ petition under Article 32 of the Constitution in
the Supreme Court challenging this State action alleged to be contravening
Article 19(1)(a) of the Constitution. The respondent ‘Union of India’ argues
that the Supreme Court does not have the jurisdiction to grant relief for the
alleged violation of the said fundamental right in this case, as the affected
petitioner is a company. Give a reasoned decision on this issue with the help
of case law.
Q2. ‘Sweety Sweets Pvt. Ltd.’, a company incorporated under The Companies Act
of 2013, runs sweet shops in Delhi. As the company is making losses, the
Board of Directors decide that the company will enter into a contract with a
real estate company and invest in the latter’s real estate business. ‘Sweety
Sweets Pvt. Ltd.’ makes a huge profit from the said contract and the business
transacted in its furtherance. So, despite the continuing losses from its sweet
shops business, ‘Sweety Sweets Pvt. Ltd.’ made profits overall in the
immediately preceding financial year. Some shareholders of ‘Sweety Sweets
Pvt. Ltd.’ however challenge the said contract as ultra vires the company. The
relevant sub-clauses of Clause 3 of the Memorandum of Association of
‘Sweety Sweets Pvt. Ltd.’ read as under:
Clause 3: (a) The objects to be pursued by the company on its incorporation
are:
To carry on the business of manufacturing, processing, preserving,
refining, whether as wholesalers or retailers, all kinds of sweets, milk,
milk products including, cheese, butter and ice creams, and other food
items including, fast foods and processed foods for human consumption.
(b) Matters which are necessary for furtherance of the objects specified in
clause 3(a) are:
(i) To purchase land, acquire property and undertake development of land
and building activities for furtherance of its main objects.
(ii) To carry out public works and enter into private contracts in connection
with the main objects.
(iii) To do all ancillary activities as may be considered necessary or
beneficial.
Decide with the help of case law whether the said contract is ultra vires the
company.
What will be your answer if a special resolution was passed by the company
consenting to the said contract? Give reasons.
Q3. A company ‘Seedling Commodity Derivatives Ltd.’, which is a registered
Stock Broker in the commodity derivatives segment, wants to make a “public
offer” of its equity shares. If the promoters state in its red herring prospectus
that, “The company is soon entering into a technical collaboration with a
leading U.S. Commodity Trading Corporation,” though the management of
the company is presently exploring prospects of having a technical
collaboration with another U.S. commodity trading firm who has shown keen
interest in having such collaboration with the said company, will they be
personally liable, considering also that the company has a separate legal
personality? Answer with the help of pertinent law on the liability of
promoters in this context. Also, ‘Seedling Commodity Derivatives Ltd.’
presently trades in the futures and options in mustard seed and wheat only, in
which it has extensive experience and specialization. However, the Securities
and Exchange Board of India (SEBI) by its recent order has suspended futures
and options trading for a year in several agricultural commodities including,
chana, mustard seed, crude palm oil, moong, paddy (Basmati) and wheat. A
winding up petition has been presented to the National Company Law
Tribunal (NCLT) on the ground that it is ‘just and equitable’ to wind up
‘Seedling Commodity Derivatives Ltd.’ due to the passing of the said SEBI
order. Decide this petition with the help of pertinent provisions and case
law.
Q4. ‘D’ is the Managing Director of ‘K.D.M.D. Fashions Pvt. Ltd.’, which has one
other director. ‘D’ negotiates with a seller, on behalf of the company, the
purchase of an immoveable property in Delhi for opening its showroom. The
negotiations fail. Subsequently, the said seller approaches ‘D’ and makes an
offer, and ‘D’ accepts that offer and purchases the said property in personal
capacity for rupees twenty crore. As the said company would have made huge
losses if it did not open a showroom in Delhi soon so, ‘D’ offers to sell the
said recently purchased property to the company for rupees twenty five crore.
‘D’ signs the sale deed on behalf of the company for purchase of the said
property by the company. Later on, the company seeks to make ‘D’ personally
liable to pay the gain of rupees five crore to the company. Can ‘D’ be held
liable? Decide with the help of provisions of the company law and case law.
Q5. A listed company ‘Thunderer Engines Ltd.’ has ‘X’ as its Chairman, ‘Y’ as its
Managing Director, and ‘Z’ as the executive director. ‘Z’ also holds one-ninth
of the total issued share capital of the company constituting of fully paid-up
shares only. There are presently two independent directors on the Board of
Directors as well, and a third one is to be appointed soon. ‘Z’ wants to get ‘K’,
a partner of the law firm ‘Z.K. & Co.’, which has provided valuable legal
advice to the said company from time to time, appointed as the independent
director. Can ‘K’ be appointed as an independent director of the said company
as per The Companies Act of 2013? Cite the relevant provisions to support
your answer. This proposal of ‘Z’ is opposed by the others on the Board of
Directors. Later on, ‘Z’ is removed from the board of directors after ‘Z’ makes
several statements in the media raising serious allegations against ‘X’ and ‘Y’.
‘Z’ challenges her removal from the Board and initiates proceedings under
section 241 of the said Act. Is ‘Z’ likely to succeed? Discuss with the help of
decided cases and statutory provisions applicable.
Q6. ‘K.P.K. Pharma Pvt. Ltd.’ a private company, incorporated on 1st April 2021,
and developing and manufacturing drugs in India, made a net profit of rupees
twenty crore in the previous financial year 2021-22. How much amount it
must at least spend in the financial year 2022-23 in pursuance of its Corporate
Social Responsibility (CSR) Policy as per the company law provisions? Is this
company required to constitute the CSR Committee? Cite the relevant
provision applicable. Also, as per the CSR provisions in The Companies Act
of 2013 and the Companies (CSR Policy) Rules, 2014 can this company make
CSR expenditure in the financial year 2022-23 towards research and
development of a new drug to treat COVID-19, even though it is an activity
undertaken by the aforesaid company in pursuance of normal course of its
business? Answer with the help of legal provisions applicable. If certain
amount earmarked for the CSR activities by ‘K.P.K. Pharma Pvt. Ltd.’ in the
financial year remains unspent does the company law mandates compulsory
imposition of penalty on the company? Elaborate your answer with the help of
the extant law.
*****
LL.B III Semester Examination, April 2022.
Subject : Special Contracts
Paper Code LB-304
Maximum Marks: 100 Time: 03 Hrs.
Instructions:
All questions carry equal marks (25 marks)
This question paper contains total 6 questions.
Attempt any 4 questions out of 6 questions.
Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper.
Q.1 Santa and Banta happen to be two Kartas of Hindu Joint Families having six members
each , enter into partnership for running a textile business. The purpose of business was to
extend benefit to their respective families and prosper. They both willingly contributed to
capital from the family funds. Later on Santa and Banta were not able to discharge their
liability towards the creditor. Creditor brings an action against all the members of family for
the discharge of loan as partners. Decide and discuss in the light of essential elements of
partnership under Indian Partnership Act, 1932.
Q2. X and Y form a partnership firm for sale of textile and paper for seven years. After
successful running business for three years X got convicted for bribing government official.
Learning the change of events Y approaches the court for dissolution of the firm. Discuss if
the court will pass order of dissolution. Support your answer with relevant case laws and
provisions of Indian Partnership Act,1932.
Q.3 An unregistered firm was successfully running artificial jewelry business in the central
part of India. Firm sold jewelry worth ten lakh rupees to Peter who in turn paid ten lakh in
cash. It was seen a day later that the half of the notes tendered were the demonetized
currency. Shekher , who is the partner in the firm demanded the balance money but was paid
only one lakh rupees. In the meantime the partners had got into major discord leading to the
dissolution of the firm. Shekher was asked to recover the balance amount from Peter. Shekher
instituted suit for the recovery of the balance unpaid amount. Peter plead that suit is barred by
Section 69 of Partnership Act. Decide.
Q.4 Discuss the rights of Amit, a buyer against the seller and the liability of seller, if any in
the below mentioned statements. Support your answers with relevant sections of Sale of
Goods Act, 1930 and case laws.
‘Amit ’ a buyer purchased the following goods from the seller at Delhi.
(i) An electric heater which blasted immediately on being connected to
electricity thus badly injuring the electrician.
(ii) Amit wanted to buy quartz watch for his friend . He asked for it and seller
handed over a watch. But afterwards discovered that it was not quartz watch.
(iii) A pair of Nike shoes was asked by the buyer and purchased. It got damaged
in a week time with regular use.
(iv) A second hand car bought over by buyer which was discovered after 2 months
to be not belonging to the seller (garage owner) and was claimed back by the
true owner.
Q.5. Ruby hotels and Inn enters into a contract with Kate Genset Company for supply and
installation of 5 customized Generators in their Inn premises. The customization requires
detailing which can be carried at the site only by Kate Genset Company. It will have to get
all the requisite component parts to the premises of the Ruby hotel and inn, installs and fix it
there. The assembly and installation procedure takes a weeks’ time. Owing to the nature of
the work undertaken, Ruby hotels puts all the expenses incurred in purchase and installation
of generators in its purchase account. During the annual audit and inspection of accounts , the
objection is raised with respect to inclusion of expenses with respect to genset and not
keeping it as work contracts specifically. Reflect upon the nature of transaction bringing out
the essential components of works contract before and after 46th Constitutional Amendment
Act 1982 and its interface with Sale of Goods Act. 1930.
Q.6 A sells cheese to B. B pays through cheque. Before B could take the delivery of requisite
order of cheese , B’s Cheque has been dishonored by the bank . once this information is
received by A , he therefore refuses to deliver the goods until paid. Discuss whether A can
take such action in the light of the rights of unpaid seller under Sales of Goods Act, 1930.
LL.B. III SEMESTER EXAMINATIONS
SUBJECT: MEDIA LAW AND CENSORSHIP
PAPER CODE: LB-3031
TIME: 3 HOURS MAXIMUM MARKS: 100
Instructions:
All questions carry equal marks (25 marks)
This question paper contains total 6 questions.
Attempt any 4 questions out of 6 questions.
Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper.
Q1. The internet as medium of speech and expression warrants a different regulatory model
in comparison to other forms of media such as print or broadcast. Critically analyze the
above statement in the light of the judgment of the Supreme Court in the case of Shreya
Singhal v. Union of India, AIR 2015 SC 1523.
Q2. Mr. Jon Snow was a prominent film actor, and a space enthusiast. He had plans of
opening a school for underprivileged children. One fine evening, the nation was shocked to
hear the news of his death, apparently by suicide. The initial autopsy report ruled out suicide,
and indicated a possibility of foul play. TV news channels immediately attempted to encash
on the news, and came out with a number of plausible theories relating to the death of the
actor. One such new channel, Depublic News, aired a prime-time story hinting at the
involvement of one Ms. Cersei Lannister, who was the live-in partner of Mr. Snow, in his
death. After the story broke out, the father of Mr. Snow filed a First Information Report
(FIR) against Ms. Cersei, for abetment to suicide, theft, cheating and conspiracy. Even as the
investigation was underway, Depublic News started a relentless campaign of ‘seeking justice’
for Mr. Snow, and asserted that Ms. Cersei was guilty. Her private WhatsApp chats with Mr.
Snow were made public, and her statements were quoted out of context. TV reporters always
followed her, and were present 24 x 7 outside her house, with the camera zooming in on her
house. Aggrieved, Ms. Cersei filed a writ petition before the Supreme Court of India,
claiming that her constitutional rights were violated by the TV news channels, specifically
Depublic News. Critically evaluate the arguments that can be made from both sides, and
decide the case based upon applicable legislation and caselaw in this regard.
Q3. Yellowstone is a democracy with a constitution similar to the Constitution of India.
Seventy per cent of the population in Yellowstone belong to the Ranchers religion, whereas
the rest belong to the Manche religion. A news channel by the name of “R” News, owned by
one Mr. John Dutton, was a vociferous proponent of the interests of the people who followed
the Ranchers religion. “R” News advertised a show which purported to expose the
conspiracy of some people belonging to Manche religion to infiltrate the higher civil services
of Yellowstone. After a forty-nine-second advertisement of the aforesaid show was aired on
television, certain people from the Manche community approached the High Court at
Bozeman, the capital of Yellowstone. The High Court imposed a permanent restraint on the
telecast of the said TV show by “R” News or any other channel, holding that the proposed
show amounts to hate speech. “R” News approached the Supreme Court of Yellowstone
against the restraint imposed by the High Court. Critically evaluate the arguments which can
be made from both sides before the Supreme Court, and decide the case based upon
applicable legislation, and relevant caselaw.
Q4. “X” was a wealthy businessman in Delhi, and was accused of rash and negligent driving
leading to the death of “Y” in the year 2005. However, his trial is still pending. The media
has consistently reported that the delay in the trial is the result of political connections of the
accused, namely “X”. “A”, who is a reporter of Delta News, conducted a sting operation
along with “B”, who claims to be the main witness of the case, exposing the collusion
between the defence and prosecution advocates. In the sting video, the prosecutor agrees to
drop the name of “B” from the list of witnesses. The High Court of Delhi initiated suo motu
contempt proceedings against both the advocates, and also held them guilty of contempt of
court. Both the advocates filed an appeal before the Supreme Court against the decision of
the High Court, and alleged that at a time when the trial of the case involving alleged rash
and negligent driving by “X” was pending trial before the court, the airing of the show based
on the sting operation amounted to a ‘trial by media’. Critically evaluate the arguments from
both sides, and decide the case.
Q5. Self-regulation is the best form of regulation for media. Do you agree? Write a critical
essay on the regulation of media, reflecting on the best possible mode of media regulation, as
well as the pitfalls and lacunae in the existing system in India. You are most welcome to use
comparative inputs from other jurisdictions in preparing your opinion in this matter.
Q6. Critically discuss the dichotomy and the interaction between the laws pertaining to
freedom of the press, and the law of contempt. Do you think that in this day and age, it is
reasonable for the Courts of Record to hold people guilty for criminal contempt of court, for
scandalizing and vilification of the institution of the court? Countries like the UK, which
follow the common law system, and upon whose legal system, the Indian legal system is
based, do not treat scandalizing the court as criminal contempt. Therefore, do you think that
the Indian law of contempt pertaining to the scandalizing of the court is outdated?
Substantiate your answer with statutes, caselaw, critical opinions of scholars, etc.
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