THE INDIAN LAW INSTITUTE

(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 2 YEAR, 2ND SEMESTER / 3 YEAR, 3RD SEMESTER

CRIMINAL LAW - II

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. Distinguish between clause (c) of section 299 and clause 4thly of section 300 of the
Indian Penal Code. Elucidate the relevant states of mind (mens rea) referred to in these
two provisions. Do you think the subjective knowledge of the accused as to the final
consequence (i.e. death) is required to be proved to bring the case within the ambit of
clause 4thly of section 300 of IPC? Explain.

2. Discuss the law relating to criminal liability for medical negligence in India in the light
of relevant case law.

3. What are the facts that are required to be proved before raising the presumption of
‘dowry death’ under section 304-B of IPC? Whether such presumption is rebuttable?
Explain in the light of case law.

4. Do you think section 370 of IPC-substituted by the Criminal Law (Amendment) Act,
2013, defines and comprehensively criminalizes the ‘trafficking of persons’? Discuss in
the light of the definition of ‘trafficking in persons’ provided under the United Nations
Palermo Protocol.

5. Critically examine the law relating to corporate criminal liability in India. State whether
corporations can be held liable for offences involving mandatory corporeal punishment.

6. What are the essential ingredients and distinguishing features of the offences of
‘criminal misappropriation’ and ‘criminal breach of trust’? Discuss in the light of case
law.

7. Write short notes on any TWO of the following:

(i) Criminalization of environmental violations
(ii) Cyber terrorism
(iii) Criminalization of marital rape

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 2 YEAR, 2ND SEMESTER / 3 YEAR, 3RD SEMESTER

INTELLECTUAL PROPERTY RIGHTS - II

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. “India with the Copyright (Amendment) Act, 2012 became the most progressive
exception for persons with disabilities”. Do you agree with this statement? Substantiate.

2. Explain the concept ‘fair dealing’ giving due importance to the recent amendments to
section 52 of the Indian Copyright Act. Examine the judicial treatment of fair dealing as
an exception to ‘copyright infringement’.

3. What are the ‘works’ qualified for copyright protection under Indian Law? Can facial
make up be protected as painting qualified for artistic copyright? Explain your answer
with the help of case laws?

4. What do you mean by circumvention? What are the inbuilt mechanism the Indian
copyright law has to be prevent circumvention? Also explain the relevant provisions in
WIPO Copyright Treaty, 1996.

5. State the rationale behind the protection of industrial designs. Comment on the TRIPS
regime on the protection of industrial designs. Explain with the help of case laws piracy
of registered design?

6. Comment on the international legal regime on the protection of semiconductor

integrated circuits layout-design. Does the Indian law comply with the international
obligations in this regard?

7. Attempt short notes on any TWO:

(iv) De minimis principle
(v) Database protection
(vi) Interface between copyright law and design law

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 3 YEAR, 4TH SEMESTER/ 2 YEAR, 3RD SEMESTER
COPORATE LAW - I

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. Scholars generally agree that ‘Freedom of Contract’ means different things in different
contexts. In India, there have been radical changes in ‘freedom of contract’ when the
nation moved from Licence Raj to Economic Liberalization and Globalization coupled
with e-commerce. Critically analyze.

2. “Corporations are, after all, legal persons. They represent important human interests,
and there is no reason in principle why they ought not to have human rights as well as
… constitutional rights.” Elucidate the statement.

3. Growth of law relating to ‘standard form of the contract’ in common law countries have
always been complex as it involves the task of balancing the interests of economic
efficiency on the one hand and protecting innocent consumers from unjust terms on the
other hand. Now in the era of e-commerce these challenges are even more complex.
Explain.

4. What is Limited Liability Partnership? How is it different from a partnership and a

company?

5. Each contract is composed of a number of contractual terms as desired and agreed by

the parties. The courts, legislatures and customs have also implied terms to these
contracts. The nature and import of those terms and the form that they may take can
vary. Critically analyse.

6. The question as to whether corporate powers are to be held in ‘trust for shareholders’ or
in ‘trust for the entire community’ was a question that has been debated for long. Write
your stand on this in the light of concepts like ‘corporate social responsibility’ and
‘corporate crimes’.

7. Write note on any TWO of the following:

a. Oppression and Mismanagement
b. Developments in the doctrine of Ultra Vires
c. Contract or Bailment

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 3 YEAR, 4TH SEMESTER

HUMAN RIGHTS - I

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. How universalism and cultural realismn affect each other? Discuss how the debate
between universalism and cultural realism has emerged as a point of friction in
international politics.

2. Elaborate the rights and duties relationship as expounded by Salmond. Explain how
Austin differ from Salmond in this regard.

3. Explain the historical development of human rights with reference to the contribution of
the Natural Law School by various philosophers.

4. Critically examine the social contract theory. Do you feel that this theory is more akin
to the institutions of International law constituted for the development of Human
Rights?

5. Discuss the contribution of the customary international law to the Development of

Human Rights in the present era.

6. What are civil and political rights? How the Human Rights Committee monitors the
implementation of the International Covenant on Civil and Political Rights?

7. What do you mean by ‘derogable’ and ‘non-derogable’ rights? Explain the status of
non-derigable rights during emergency.

8. Write notes on any TWO of the following:

a. American Bill of Rights
b. Evolution of international human rights law
c. Bentham’s critique on rights

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

SEMESTER END EXAMINATION-MAY 2013

LL.M. 2ND SEMESTER (2 YEAR)/ 3RD SEMESTER (3 YEAR)

INTELLECTUAL PROPERTY RIGHTS - III

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. The political debates are centred on the proposition that until we have a globe that is more equal
we cannot justify a Global Regime of Patents that attempts to treat all countries and regions
similarly when knowledge is made a property. Explain.

2. Critically evaluate the dynamic relationship between protection of IPRs, Technology Transfer
and Commercialisation of Traditional Knowledge in India.

3. There exists a broad division between developed and developing countries in the implementation
of the Convention on Biological Diversity as each country is entitled to frame its own law in
sectors of strategic interests. Analyse the statement in the Indian context.

4. Discuss the politico-legal discourse about India having adopted measures forcing a deeper
transformation of Indian Patent Act, 1970 in conformity with the TRIPS standards.

5. India has been a central proponent of harmonization of Farmers’ Rights not only at the national,
but also at the international level ever since 1980’s. Examine the areas of concurrence and
conflict in the obligations that the country has towards various international and regional
agreements, which culminated in the enactment of the Protection of Plant Varieties and Farmer’s
Rights Act, 2001.

6. Intellectual Property in the international arena is a highly treaty-bound area, in which the
international aspect goes largely toward enabling the enforcement of private rights across
borders. In this context, examine the recent controversies relating to biotechnological patents.

7. Write short notes on any two:

a) Software Patents
b) Budapest Treaty
c) Patent vis-à-vis Utility Model

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

SEMESTER END EXAMINATION-MAY 2013

LL.M. 2ND SEMESTER (2 YEAR)/ 3RD SEMESTER (3 YEAR)

CRIMINAL LAW - III

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. Explain the salient features of Crime Control Model and Due Process Model of criminal
justice system. Do you think India should switch over to the Crime Control Model in
order to address the problem of low conviction rate? Elucidate.

2. What are the powers and duties of the investigating officer? Explain, in the light of case
law, the scope of judiciary’s power in regulating police investigation.

3. What are the rights guaranteed to the arrested persons under the Indian Constitution?
Explain how the Supreme Court of India has contributed to the strengthening of those
rights.

4. What are the components of fair trial? To what extent the principles of fair trial have
been incorporated in Indian law? Critically examine.

5. Explain the law relating to withdrawal of prosecution in India in the light of relevant
case law.

6. Critically examine the law relating to bail in India with special reference to powers of
the court to grant and cancel bail.

7. Write short notes on any TWO of the following:

i. Right against self incrimination
ii. Criminal Appeal
iii. Compensation to victims

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 4TH SEMESTER, 3 YEAR

CORPORATE LAW - II

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. According to Redferrn & Hunter in International Commercial Arbitration, “even a comparatively
simple international arbitration may require reference to at least four different national systems
or rules of law.” Explain this complexity with reference to different national systems that apply
in an international commercial arbitration which is generally understood as “Applicable laws.”

2. “The main purpose of Competition Act is to promote healthy competition”. Explain the provision
in competition Act dealing with abuse of dominant position and discuss the kind of agreements
affecting such competition which are prohibited by the Competition Act.

3. FDI results in shifting of comparative cost advantage. Discuss with reference to the
characteristics of India FDI Policy.

4. Discuss the institutional mechanism of WTO and the important agreements entered into at the
Uruguay Round of trade negotiations.

5. Critically analyse the legal issues involved in E-Commerce.

6. “Consent is basis of arbitration”. Discuss the meaning and necessities for validity of an
“arbitration agreement” and also the concept of “autonomy of parties”.

7. Write short notes on any two of the following:

(a). Procedure for redressal of Consumer Disputes
(b). Unfair Trade Practice
(c). Kinds of Mergers

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 3RD SEMESTER, 3 YEAR
HUMAN RIGHTS - II

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. “History shows that when societies trade human rights for security, most often they get
neither”. Critically examine the current rhetoric of War on Terror in light of the above
statement.

2. Critically examine the Convention on the Elimination of Discrimination against

Women. Also comment on India’s reservations.

3. Article 7 of Convention No. 169 states that indigenous and tribal peoples have the
“right to decide their own processes for development as it affects their lives, institutions
and spiritual well being and the lands they occupy or otherwise use, and to exercise
control over their economic, social and cultural development”. How, according to you,
should sovereign states respond to these rights mentioned above, which, if literally
translated are almost political in nature.

4. Discuss the impact of science and technology on human rights by giving specific
examples.

5. The states want to appear to believe in a moral, humanitarian imperative to protect

individuals seeking refuge, yet, on the other hand, due to economic and other
compulsions they are reluctant to permit entry of nationals of the states. How can the
states reconcile this duality and which interest according to you should be given
weightage-human centred interest or state centred interest? Give reasons.

6. International human rights law and International humanitarian law are different and yet
mutually reinforcing. Discuss.

7. Write notes on any TWO of the following:

a. Trafficking can rank as the most serious crime of concern to the International
community as a whole
b. Differently abled rights as human rights
c. Rights of migrant workers

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 3 YEAR, 5TH SEMESTER (SUPPLEMENTARY)

CORPORATE LAW-III

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. “No salvation except through the preceptor, no credit except through the money
lender.” In the light of this adage, explain the evolving position of a ‘banker’ along with
the growth and development of banking Institutions in India.

2. Explain the Banker’s obligation to honour customer’s cheques, consequences of a

wrongful dishonour of customer’s cheque and duty of banker to act as per customer’s
directions.

3. Examine the relevancy of Narasimhan Committee’s recommendations for improving

the financial systems in India.

4. Who is a holder? Explain the legal position of the holder. In the light of Negotiable
Instruments Act, how does a holder differ from a “holder in due course”?

5. Critically examine the principle of Insurable Interest and Indemnity in Insurance

Contracts with the help of case law.

6. “Consumer loans should be treated as a non-essential business of banks since they

trigger inflation with the growth of goods.” Critically examine this statement in the
context of credit policies of commercial banks.

7. Write short notes on any TWO of the following:

(a) Banking Ombudsman Scheme
(b) Garnishee Orders
(c) Life Insurance of India (LIC)

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 3 YEAR, 5TH SEMESTER (SUPPLEMENTARY)

HUMAN RIGHTS-III

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. Explain the right to self-determination. Critically analyse India’s approach towards
right to self-determination.

2. Examine how for India has been able to realize the rights laid down in ICESCR.

3. Critically analyse the role played by NHRC in the promotion and protection of human
rights.

4. Critically analyse the role played by the media in protecting human rights. Should there
be a legislation to make media accountable for violations of human rights committed by
them?

5. Discuss the rights of aged persons in India. Do they provide sufficient protection to
them? Substantiate your answer with reasons.

6. Critically analyse the rights guaranteed to minorities in India and the role played by the
National Commission for Minorities in protecting them.

7. Write short notes on any TWO of the following:

(a) Right to clean environment
(b) Rights of the Scheduled Tribes in India
(c) Right to development

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 2 YEAR/3 YEAR, 2ND SEMESTER

INTELLECTUAL PROPERTY RIGHTS - I

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. State your arguments for and against the protection of intellectual property rights. Can
there be any alternative(s) to intellectual property? If so, in your opinion which will be
the best alternative in our country?

2. Analyze the role of intellectual property rights in technology transfer. What is the
impact of technology diffusion in developing countries with sufficient capacity to
innovate and in those developing countries without such capacity to innovate?

3. Write a critique on Novartis AG. v. UOI, (Civil Appeal No. 2728 of 2013, decided on 1
April, 2013). What is the impact of Novartis on public health sector of India and other
developing countries that depend on affordable medicines from India? Whether
Novartis verdict has any impact on FDI in India? State your opinion.

4. Comment on the registrability of unconventional trademarks with the help of case laws.
How will you judge the ‘graphical representability’ of olfactory (smell), tactile (touch),
gustatory (taste) and sound marks?

5. What do you mean by certification trademark and collective trademark? Distinguish

between the two.

6. State the advantages of registration of a geographical indication? Who can register a

GI? What are the conditions for GI’s registration? How a GI to be registered?

7. Attempt short note on any TWO:

a. Madrid system
b. Passing off
c. Distinctiveness

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

ANNUAL EXAMINATION-MAY 2013

LL.M. 2 YEAR/3 YEAR, 2ND SEMESTER
CRIMINAL LAW - I

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. The maxim actus non facit reum nisi mens sit rea is the fundamental principle of
criminal liability. However when a person is charged with attempt the intent becomes
the principle ingredient of the crime. How do you reconcile the two positions of
criminal liability?

2. The ‘just deserts’ or proportionate sentences merely reinforces existing social

inequalities. They do not achieve justice as much as they confirm injustice. Do you
agree with the statement? Give reasons for your answer. Also discuss the theory of
punishment that you support.

3. Discuss the evolution of socio-economic offences in India. How do socio-economic

offences differ from offences under the IPC? Bring out the differences with examples
from NDPS Act.

4. Partial defence of diminished responsibility has been introduced in many jurisdictions.

Should the defence of insanity in IPC be revised to include diminished responsibility?
Give reasons in support of your answer.

5. ‘The criminal justice system exists to identify process and respond to criminal activity
within the community.’ But the question is what makes the conduct criminal? Discuss
what is crime and does morality play a role in criminal law.

6. If the right of private defence is to be based on a ‘rights based approach’ the penal code
must not disqualify the aggressor from exercising the right of private defence. In light
of this statement discuss the right of private defence under the IPC with the help of case
law. Also propose reforms if, according to you, the defence is inadequate.

7. Write short note on any TWO of the following:

a. Impossible Conspiracy
b. Joint Liability under IPC
c. Differential Association Theory

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

LL.M. 3 YEAR ANNUAL EXAMINATION-MAY 2013

2ND YEAR (REAPPEAR)
CRIMINAL LAW - IV

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. What are the factors responsible for juvenile delinquency in India? Explain.

2. Critically examine the role played by the Supreme Court of India in protecting the rights of
Children in Conflict with Law.

3. Critically examine the legal approaches to delinquency control in India. Do you think enough
preventive measures have been taken in India to prevent juvenile delinquency? Explain.

4. Describe the composition of Juvenile Justice Boards established under the Juvenile Justice (Care
and Protection of Children) Act, 2000. What are the powers and duties conferred on Juvenile
Justice Boards in relation to juveniles in conflict with law under the said Act?

5. Do you think ‘Non-custodial Measures’ are more appropriate than ‘Custodial Measures’ for the
proper treatment and rehabilitation of children? Explain.

6. Critically examine efficacy of the measures taken under the Juvenile Justice (Care and Protection
of Children) Act, 2000 for protection, treatment and rehabilitation of children.

7. Write short notes on any two of the following:

(a). “Child in need of care and protection”
(b). Observation Homes
(c). Convention on the Rights of the Child

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

SEMESTER END EXAMINATION-MAY 2013

LL.M. 2ND SEMESTER (3 YEAR)/ 1ST SEMESTER (2 YEAR)

COMPARATIVE CONSTITUTIONAL LAW

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. Discuss aims and objectives of Comparative Constitutional Law. Support your answer
with judicial pronouncements also.

2. What label shall we give to our Constitution-Federal, unitary or quasi-federal? Support

your answer with the provisions of the Constitution, judicial pronouncement and
opinions of Constitutional scholars.

3. Judicial Globalization has led to growth of Comparative Constitutional Law. Discuss.

4. Constitutional developments in worldwide in the concept of judicial review diluted the

principle of democracy. Explain.

5. Parliament’s power to amend the Constitution destroyes Federalism. Explain the

statement. Examine the role of states in amending the constitution.

6. Compare and contrast the principle of separation of powers in the Indian and American
perspective.

7. Write notes on any TWO

a. Judicial Review
b. Constitutionalism and Rule of Law
c. Growing judicial trend to use foreign precedents

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 THE INDIAN LAW INSTITUTE
(Deemed University)
NEW DELHI

SUPPLEMENTARY EXAMINATION-MAY 2013

1ST SEMESTER, LL.M. 2 YEAR/ 3 YEAR

JUDICIAL PROCESS

Time: 3 hours Max. Marks: 60

Answer any Five questions. All questions carry equal marks.

1. Explain the concept of independence of judiciary. Do you agree that the independence
of judiciary not only requires non-interference of the legislature and the executive with
judicial functions but it also requires the judiciary to remain independent? Elucidate.

2. Critically examine the efficacy of Wambaugh’s test and Goodhart method in

determining the ratio decidendi of a case.

3. Define ‘value judgments’? Explain the scope for value judgments in judicial process.
Critically examine the problems of value judgments as norms of law?

4. Explain the importance of ‘literal rule’ of interpretation of statutes and state the
circumstances under which departure from literal rule is justifiable.

5. Critically examine the constitutionality of the concept of collegium and the rule of
primacy to be opinion of Chief Justice of India in the matter of appointment of judges
to the High Courts and Supreme Court?

6. Critically examine the law relating to removal of judges of the High Courts and the
Supreme Court of India.

7. Write short notes on any TWO of the following:

(a) Inductive and Deductive Reasoning
(b) Reflective Judiciary
(c) Judicial Overreach

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