Hidayatullah

Raipur

National

Law

University,

End Term Examination, November - 2010

SEMESTER - V
TRANSFER OF PROPERTY

Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Attempt FOUR Questions in which Question no. 3 is compulsory.
(ii) All questions carry equal marks.
1. A. State the exceptions to the rule against perpetuity.
B. Discuss mortgage by deposit of title deeds.
2. Discuss the validity of the following transfers with the help of relevant
provisions:
a. A transfers Rs. 5000 to B on condition that he shall marry with the consent
of C, D and E. B marries without the consent of C, D and E, but obtains their
consent after marriage.
b. A makes a gift to B with a proviso that if he marries without the consent of C
and D, it shall go to E. D dies. B marries without the consent of C. E claims
the property.
3. A. A sued B for a debt. B obtained an adjournment and during the adjournment
he sold his land to his sister C. B allowed the suit to be decreed ex parte and
when A attached the land, C objected that it was hers. B professed to have sold
the land to raise money to pay a debt, but it was not shown that no demand had
been made for payment of the debt, and B was not solely liable for its payment. Is
the sale valid? Discuss with the help of relevant case laws.

B. Are the following suits subject to lis pendens?

a. Suit for maintenance by a Hindu widow in which she claims to have her
maintenance made a charge on specific immovable property and a decree is
passed creating a charge on such property.
b. A suit for debt or damages where the claim is limited to money.
4. The doctrine of Part Performance enables the transferee to sue for specific
performance only if he can prove that he has perform or is willing to perform his
part of the contract. Discuss the object and effect of the application of the
doctrine.
5. What do you mean by feeding the estoppel by grant? Support your answer with
relevant provisions and case laws.

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Hidayatullah

National

Law

University,

Raipur

End Term Examination, November - 2010

SEMESTER - V
ENVIRONMENTAL LAW

Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
(iii) Write Case Laws wherever necessary.
1. Right to Environment is basic Fundamental Right in India. Trace the
evolution of Right to Environment in India.

2. Discuss the powers of Central Government under the Environment Protection

Act, 1986. Examine whether the Central Government has justified the
concentration of such powers?
3. Discuss the Powers and Functions of the Authorities under the Air
(Prevention and Control of Pollution) Act, 1981.
4. Examine the provisions of Indian Forest Act, 1927. Discuss whether the Act is
adequate to protect the forest wealth of the Country.
5. Write Short Notes on any two:
a. Sustainable Development
b. Sanctuary and National Parks
c. Hunting of Wild Life
d. PIL and Environmental Protection

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Hidayatullah National Law University,

Raipur

End-Term Examination, April-2010

Semester - IV
CONSTITUTIONAL GOVERNANCE - II
Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. Critically examine this statement "Though the parliamentary form of government
envisaged under the constitution of India vests the real executive powers in the
council of ministers, the President is not a mere figure head decided of all powers
without any aid and advice of the council of ministers".

2.
a. Whether the opinion of the Chief Justice of India in regard to the
appointment of judges to the Supreme Court and High Courts is entitled to
Primacy? Can the President disregard the said opinion when it is in conflict?
Discuss with Constitutional provisions and the case law on the point.
b. D, a judge of the High Court was transferred by the Presidential order to
another High Court. D challenges the transfer on the ground that the order
was issued without his consent and without the concurrence of the Chief
Justices of the two state High courts concerned and of the Chief Justice of
India examine the legal issues involved.
3. Write short notes on the followings:a. Exclusive jurisdiction of Supreme Court
b. Appellate jurisdiction of SC.
4. "Post, telegraphs, telephones, wireless, broadcasting and other like forms of
communication". Entry 31 List-I
"Public health and sanitation" Entry List-II
Keeping in view the above entries in vii schedule of the constitution, discuss the
validity of the Public Nuisance Act, 1992 enacted by the state of Chhattisgarh, which
authorities the District Magistrates to issue order regulating and even prohibiting
the use of sound amplifiers, loudspeakers and other means of roadside
entertainments/amusements if it is so required in public interest. Acting under the
above law, the D.M. Raipur banned the use of sound amplifiers/loudspeakers after
10.30 pm.
5. Write notes on any two:a. Ordinance making power
b. Pardoning power
c. Office of profit.

Hidayatullah National Law University,

Raipur

End-Term Examination, April-2010

Semester - IV
LABOUR LAW - I
Max. Marks: 40

Max. Time: 3:00

Hrs.
Note: (i) Answer any FOUR questions. (ii) All questions carry equal marks.
1. The concept of retrenchment under the Industrial Disputes Act, 1947 is not
confined to termination of services on account of labour surplus only but
encompasses within it all terminations except those specifically excluded in the
definition.
Critically examine the above statement bringing out the correct legal position on the
subject. Also state the circumstances in which retrenchment by the employer of his
workman can be held bad in law entitling the workman ordinarily to reinstatement
with back wages.

2. What are the essential characteristics of strike? How you can differentiate it from
lock out? Do the following fall within the definition of strike:

i. Go-slow
ii. Sympathetic strike.
iii. Pen down strike.

3. Write notes on:

a. Works committee

b. Conciliation officer
c. Labour court
d. Tribunal
4. An activity to be an industry it is not necessary that it must be carried on by private
enterprise or must be commercial or result in profit. This result is reached by
extending the meaning of undertaking to cover activities not strictly trade or
business but objects very similar.
Critically examine the correctness of the above statement in the light of provision of
S. 2 (j) of the Industrial Dispute Act, 1947.

5. With reference to the relevant provisions of the Industrial Disputes Act,1947 and the
rules and regulations made there under, advise on following :-

a. An employer in a public utility service Proposes to lock out some employees.

Advise him what he should do?

b. Discuss the consequences of workers participation in strike with special

reference to the question of workers entitlement to wages during the period of
strike.

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