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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

BANGALORE

MBL I YEAR SUPPLEMENTARY EXAMINATION (DECEMBER) 2017


CONTRACTS LAW
Marks: 100
Time: 3 hours
Instructions

1. No clarifications can be sought on the Question Paper.


2. Electronic gadgets of any kind are not permitted inside the
Examination Hall.
3. Bare Acts, notes, articles, books or any other material are not
permitted inside the Examination Hall.
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Part A : Answer all questions. (4 x 15 = 60 marks)

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1. Mr. and Mrs. Sharma were enjoying leave in Ooty their home town. When
the time came for Mr. Sharma to return to Delhi where he was employed, the
wife stayed back in Ooty for health reasons. Mr. Sharma promised to pay her
allowance every month for her maintenance. The same promise was recorded in
writing and the papers were registered. Mr. Sharma stopped paying when the
differences arose and the wife sued her husband for allowance as per the
written contract. Decide
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2. A man ordered Italian pizza [pre packed-branded] for himself and his lady
friend in super market to be served after heating in the oven. The pizza came in
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a pre-packed form and the contents of the pack could not be verified visible
from outside. After eating some, the lady friend starting vomiting and had to be
hospitalised. The Doctors claimed that the food consumed was probably
contaminated. Lady has decided to file a case against the super market owner
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for negligence and for violating of food safety norms. Decide.

3. In order to construct a town hall at Bangalore central bus stand, the


commissioner of Bangalore Municipality started to obtain necessary fund by
public subscription. Ramesh Choudhry a prominent resident promised to
subscribe Rs. 1 lakh to fund by signing his name in the subscription book for
the purpose. On the faith of the promised subscriptions, the secretary of the
town hall construction committee engaged a contractor for construction of
town hall and thus, incurred liability. Ramesh refused to pay his subscription.
Decide.

4. During the world famous Dusshera procession, an aged couple leased their
apartment to an English couple [tourist] Mr and Mrs. Raddisson. The purpose
of their lease was to view the Dusshera procession from the apartment balcony.
The apartment was very well located to view the procession and the same was

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advertised through an online booking website. Due to a river water dispute
with neighbouring State, the Dusshera procession was cancelled and Mr.
Raddisson refused to pay the balance of the rent. Decide.

Part B: Answer any four. (4 x10=40 marks)

5. Differentiate between offer and invitation to treat by means of judicial


interpretations

6. Examine the concept of ‘causation’ while determining the remoteness of


damage

7. Distinguish the treatment of Minor’s agreements with other incompetent


persons in India with the help of case laws.

8. What does the term consideration mean as far as the enforceability of an

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agreement is concerned?

9. A contracting party is entitled to damages if the other party breaches a


contract. Generally, damages are the sum of money necessary to put a party in
the same or equivalent financial position as the party would have been had the
contract been performed. Justify this statement.
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE

MBL I YEAR SUPPLEMENTARY EXAMINATION (JAN.) 2018


BANKING LAW
Marks: 100
Time: 3 Hours

Instructions
1. No clarifications can be sought on the Question Paper;
2. Electronic gadgets of any kind are not permitted inside the
Examination Hall.
3. Bare Acts, notes, articles, books or any other material are not
permitted inside the Examination Hall.
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Answer ANY FIVE questions. All questions carry equal marks.

1. Write short notes on the following:

2.
a)
b)
Banker’s lien; I.U
Permitted ‘agency’ banking functions in India.

Write short notes on the following:


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a) Crossing of the cheque;
b) Nature and status of demand draft.

3. How the issue of Non-Performing Assets (NPA) is affecting the banking


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sector in India? Critically evaluate how law is attempting to resolve


the issue.
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4. What is ‘payment in due course’? Illustrate how, a banker is


protected, if payment is done accordingly.

5. Write short notes on the following:

a) Special customers (while banking);


b) Bank guarantee and legal regime.

6. What are the powers of Reserve Bank of India in regulating banking


companies in India?

7. How foreign banks are regulated in India?

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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE

MBL I YEAR SUPPLEMENTARY EXAMINATION (JANUARY) 2018


CORPORATE LAW
Marks: 100
Time: 3 hours
Instructions

1. No clarifications can be sought on the Question Paper.


2. Electronic gadgets of any kind are not permitted inside the
Examination Hall.
3. Bare Acts, notes, articles, books or any other material are not
permitted inside the Examination Hall.
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PART – A

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Answer the following: (2 x 20 = 40 marks)

1. Kricstart Ltd., is a public unlisted company into the business of


manufacturing automotive parts. Its shareholding is divided in such a
way that the largest single shareholding is 23%. No other holding is in
excess of 8%. The board of Directors enter into an MOU with a Japanese
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company for the transfer of technology in exchange for a 2% share in the
net profits, generated out of all sales for a period of two years.
Subsequently, the shareholders call for an EGM to discuss the MOU and
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pass a resolution to invalidate the MOU. They also mandate that the
board must call for an EGM and pass a vote in order to enter into any
MOU’s in the future, which involve profit sharing. Examine the validity
of both actions.
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2. a) Printsmart Ltd., was incorporated as a Private Ltd. Company in 1973


with 5 shareholders, holding share in equal proportion. In 2010, the
company went public and the 5 original shareholders jointly held 51% of
the shareholding. At the time of incorporation, the Articles of the
company contained a restrictive covenant on transfer of shares, allowing
a first right of purchase to existing shareholders. In 2014, one of the
original shareholders, Mr. Kiran wishes to sell his 10.20% shareholding.
The other 4 original shareholders obtain an injunction based on the
articles of association and the right of Pre-emption. Mr. Kiran Appeals.
Decide on the legality of a public sale of such shares vis-a-vis the first
right of purchase.

b) Mr. Rahul, an individual shareholder of Kizami India Pvt., Ltd., A


company that is incorporated for the manufacture and sale of Cell

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phones, brings a petition before the NCLT stating that the board has
recently resolved to cut down the manufacturing of parts and retain only
its assembly line in India and import the parts from China. He brings
the petition on the grounds that it is prejudicial to public interest and
hence seeks relief from the NCLT ordering it to restrain the board from
taking such action. Decide.

PART – B

Answer ANY TWO of the following: (2 x 20 = 40 marks)

3. a) Appointment and role of Auditors.


b) The Doctrine of Indoor management and its exceptions

4. a) Relevant market to determine Abuse of dominant position


b) Validity and enforceability of pre-incorporation contracts

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5. a) Bellhouse clause and its impact on the Doctrine of Ultra Vires
b) Contents of a prospectus

PART – C
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Answer ANY FOUR of the following: (4 x 5 = 20 marks)

6. Special Resolution
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7. The Chairman must be ready, willing and able to intervene decisively as


and when necessary. Comment.
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8. Allocation of Profits for Social Causes

9. Depository participant

10. One Person Company

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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE

MBL I YEAR SUPPLEMENTARY EXAMINATION (JAN.) 2018


INDUSTRIAL RELATIONS LAW
Marks: 100
Time: 3 hours
Instructions
1. No clarifications can be sought on the Question Paper;
2. Electronic gadgets of any kind are not permitted inside the
Examination Hall.
3. Bare Acts, notes, articles, books or any other material are not
permitted inside the Examination Hall.
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Answer ANY SIX out of eight questions: (6 x 15 = 90 marks)

1. Explain the procedure for Registration of Trade Union under the Trade
Union Act, 1926.

2.

3.
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Explain the challenges faced by the Trade Unions in the era of
globalisation and liberalisation.

Critically examine Conciliation as a method of Industrial dispute


Resolution.
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4. Explain the definition of ‘Industry’ as decided in the BWSSB v.
Rajappa’s case.

5. Explain the weapons of collective bargaining and the immunities


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available to workers going on strike.

6. Critically examine the limitations on Managerial prerogatives under


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the Industrial Disputes Act.

7. Explain the procedure for Certification of Standing Orders and the


status of the Certified Standing Orders.

8. Explain the concepts – ‘lay-off’ and ‘retrenchment’. Also explain how


they are regulated under the I.D. Act.

Compulsory question

9. Write short notes on ANY TWO: (2 x 5 = 10 marks)

a) Wages for the period of Strikes and Lock-outs.


b) General funds and Political funds of a registered Trade Union.
c) Voluntary Arbitration under the Industrial Disputes Act, 1947.

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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE

MBL I YEAR SUPPLEMENTARY EXAMINATION (JAN.) 2018


ENVIRONMENTAL LAW
Marks: 100
Time: 3 hours
Instructions
1. No clarifications can be sought on the Question Paper;
2. Electronic gadgets of any kind are not permitted inside the
Examination Hall.
3. Bare Acts, notes, articles, books or any other material are not
permitted inside the Examination Hall.
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PART – A: Answer any four of the following (4 x 12 = 48 Marks)

1. Give the salient features of the Environment Protection Act, 1986.

2.

3.
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Discuss the main features of the National Green Tribunal Act, 2010
and examine a couple of landmark pronouncements of the Tribunal.

Analyse the provisions for, (a) Consent and (b) Standards under the
Pollution Control Regime in India.
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4. Analyse Corporate Environmental Responsibility under the
Environment Protection Act, along with a few case law.
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5. Describe: (a) the main features of the Environment Impact Assessment


Notification, 2006; (b) Environmental Guidelines to the Industry.

6. Conceptualise and analyse, (a) Principle of Precaution; (b) Public Trust


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Doctrine.

PART-B: Write evaluatory notes on: (2 x 10 = 20 Marks)

7. a) Environment Performance Index


b) Coastal Zone Regulation Notification, 2011

PART-C: Write critical and evaluatory notes on: (4 x 8 = 32 Marks)

8. a) ‘Consent’ provision under Pollution Control Laws


b) United Nations Environment Programme
c) SEZ Act, 2005
d) Solid Waste Management Rules, 2016

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