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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

BANGALORE

MBL I YEAR ANNUAL EXAMINATION (JUNE) 2018


CONTRACT 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)

1. Mr. Jacob makes up his mind to purchase Mr. Adam’s Car and
negotiates the price thereafter. Meanwhile, it was informed that the

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car was due to be auctioned by Mr. Rob. On January 4, 2018 Mr.
Jacob writes a letter to Mr. Adam, “If I hear no more, I consider the
car to be mine.” Neither any consideration nor communication moved
between Mr. Adam and Mr. Jacob after the letter dated January 4,
2018. However Mr. Adam communicates to Mr. Rob to withdraw the
car from auction. But, Mr. Rob fails to do the same and the car is sold
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to Mr. Terrain. Mr. Jacob brings a suit for conversion, claiming the
Car to be his property by virtue of the contract. Answer the following:

a. Whether there was a contract between Mr. Jacob and Mr.


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Adam?
b. Analyse the legal position of Offer given by Mr. Jacob?
c. What are the rules of communication of Offer and Acceptance?
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d. Can Mr. Terrain retain the possession and ownership of the


Car?

2. On January 15, 2013 Centurion Services Private Limited appointed


Mr. Arjun as its Managing director with a salary of Rs. 1, 50,000/- per
month. The Contract of Employment signed by Mr. Arjun had the
following clauses: 1. “15.2. On account of termination of employment,
the employee shall for a period of 6 months neither carry on business,
nor be associated with any entity in Karnataka carrying on the same
business as that of Centurion Services Private Limited.”; 2. “15.3. In
case of Breach of Clause 15.2., Centurion Services Private Limited may
seek for liquidated damages of Rs. 9,00,000/-(being six months’ Salary
Payable), along with such remedies to deter the employee from taking
any such employment for a period of 6 months from the date of
termination.” On February 20, 2018, Mr. Arjun’s employment was
terminated by resignation, and thereafter on April 1, 2018, Mr. Arjun
decided to join a competitor Ventures Services Private Limited for a
salary of Rs. 2,75,000/- per month. Centurion Services Private

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Limited filed a suit for injunction and seeks for the liquidated
damages.

a. Whether the Contract is valid?


b. In what circumstances can restrictions be declared invalid?
c. Can Mr. Arjun continue his employment in Ventures Services?
d. Is Mr. Arjun liable to pay the liquidated damages of Rs.
9,00,000/-?

3. Mr Him and Ms. Her, decide to get married on January 26, 2018, and
thereby booked the Cathedral Chapel for the same. Over four requests
to book the cathedral on January 26, 2018 was received, however,
owing to the marriage, the management turned down all such
requests. On January 20, 2018, due to unfortunate turn of events, the
marriage is called off. The Management sues Mr. Him and Ms. Her for
damages.

a. Identify the nature of the agreement from the following: Void

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Agreement; Void Contract; Voidable Contract; Illegal Agreement
b. Explain the nature of the contract based on your choice above
c. Elucidate the numerous grounds of frustration?
d. Decide the matter.

4. Mr. Suresh, the employer of Mr. Ramesh seeks to buy the latters’
land. Mr. Ramesh did not wish to sell the land, however decides to sell
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the same to Mr. Suresh. The sale deed is executed on April 30, 2018,
and the consideration is also moved accordingly. On May 15, 2018,
Mr. Ramesh seeks to avoid the Contract.
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a. Decide the matter


b. Explain the meaning and nature of Fiduciary Relationships.
c. Is the ground of “economic duress” explicitly covered under the
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Indian Contract Act, 1872.


d. What are the various grounds in which Consent can be vitiated?

Part B: Answer any four. Each question carries 10 marks. 4 x10=40


marks

5. Examine the different forms of remedies to Breach of Contract.


6. What is the liability of a Minor in Contractual Performance? Elucidate
the position of Minor under partnership Act, 1932
7. Write in detail on the modes of termination of Agency?
8. Answer the following:
a. Dissolution of Partnership v/s dissolution of firm
b. Partnership deed
9. Answer the following:
a. Who can Pledge?
b. Rights of Unpaid Seller under the Sale of Goods Act, 1930

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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE

MBL I YEAR ANNUAL EXAMINATION (JUNE) 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:

a) `Banker as a privileged borrower’;


b) Priority sector lending obligations and its legal implications.

2.
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Which of the following are promissory notes and why? Explain briefly
(please presume that all requisite procedural formalities are complied
with):

a) Mr. X, I acknowledge that, I owe you INR 100;


b) Mr. X, I hereby acknowledge receipt of INR 1000 from you; and I
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have to be accountable to you for the same with interest;
c) Mr. X, let it be acknowledged you depositing with me INR
10,000; which will be returned to you on demand;
d) Mr. X, I understand that INR 10,000 will be owed to you, which
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I am in receipt of you; and undertake to repay the same on demand;


e) Mr. X, I understand that INR 10,000 will be owed to you, which
I am in receipt of you; and undertake to repay the same on demand
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if made later than December 31, 2018.

3. Generally, you sign on the reverse of the cheque (uncrossed), which


encashment with the banker. Legally evaluate its implications, if any.
Also comment, whether a banker is protected under Negotiable
Instruments Act, 1881 – if he allows encashment of a cheque which is not
signed by Payee on the reverse of it.

4. In case of bank guarantee, is it right to state that banker’s duty to honor the
guarantee is of prime importance? Also explain the limit to which the duty
can be executed.

5. What are the powers of the Reserve Bank of India to regulate the banking
companies in India? Also briefly explain the additional powers of RBI in
regulating foreign banks.

6. Critically explain RBI’s power to issue bank license. Also evaluate how RBI
has exercised this power recently.

7. Write short notes on the following:


a) Banker’s lien;
b) Nature and legal status of the Demand Draft.
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE

MBL I YEAR ANNUAL EXAMINATION (JUNE) 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

Answer the following:

1.
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Infmatics Pvt. Ltd. is an IT company based out of Mumbai. In March


2018, it wishes to go for an IPO to raise capital for a new big data
venture that it wishes to pursue. Before the IPO, its website’ s landing
page has the following text: “Your Chance to own a piece of the action-
coming soon!” and “Invest in the future- returns like you never
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imagined!” They subsequently release a red Herring and the IPO is
concluded with adequate subscription. The company is unable to
sustain and in three Months, it begins to show large losses. Some
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shareholders who purchased shares through the IPO directly, bring suit
for mis-representation, citing the website landing page. Company
claims that it has issued a formal prospectus and the same carried no
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mis-statements and refutes the fact that the website is a prospectus.


The shareholders also allege that at the time of the issue of the
prospectus, one of the directors of the company had a case of domestic
violence against him and the same had not been disclosed in the
prospectus. Examine the merits and help decide the case.

2.
a) Kinyo.com is the world’s largest search engine. As a company, its
market share exceeds 60% in most countries and in India it is close to
72%. Kinyo uses technology and intervention to determine what key
words are being searched for and thereby direct users to certain search
results. This includes the pages of its advertisers and other affiliated
entities and companies that the parent of Kinyo, Saken owns. Several
other web based businesses approach the CCI, claiming abuse of
dominant position and cartelization. Decide.

b) Symtex Ltd., an unlisted public company incorporated under the


Companies Act of 1958, was incorporated with the primary object of

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manufacturing and selling moulded plastic goods. In 2016, the objects
were amended by a special resolution to include several other objects
including research and development. The company invested heavily
into Information Technology and Artificial Intelligence development.
Unfortunately the company suffered heavy losses and a group of
minority shareholders brought an action against the directors, alleging
amongst other things, Acts Ultra Vires the objects, Mismanagement
and fraud. The minority share holders claim that they had not
consented to the amendment and that even so, the word Research and
Development must only be read in light of the primary object of the
company. Discuss.

PART B

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

1. Write an essay on the Doctrine of Constructive Notice, Indoor


Management and its exceptions.

2. a)
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Annual General Meeting, Extraordinary General and Board
Meetings.

b) Articles of Association and their binding nature on the company,


members and outsiders.
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3. a) Independent Director and Woman Director.

b) Quorum, Minutes and Resolutions.


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PART C
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Write an analytical note on any FOUR of the following: (4 x 5 = 20)

1. Creation of a share.

2. Oppression of the Majority.

3. Activities amounting to CSR.

4. Mergers.

5. Depository Participant.

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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE

MBL I YEAR ANNUAL EXAMINATION (JUNE) 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 nine questions: (6 x 15 = 90 marks)

1. Briefly explain the history of Trade Union development in India. Also


explain the circumstances which accelerated the passing of Trade Union
Act, 1926.

2.

3.
help of a case law. I.U
Examine the immunities available to a registered Trade Union with

What is recognition of Trade Unions? Explain the procedure for


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recognition of Trade Unions.


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4. Explain `strikes’ and `lockouts’ under the Industrial Disputes Act.
Also explain the wages for the period of strikes and lockouts.

5. Explain the definition of `Industry’ under the I.D. Act, 1947 through
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Supreme Court case law.

6. Explain the collective bargaining process in India including conciliation.


Also explain the binding nature of bilateral settlements and conciliation
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settlements.

7. “The Industrial Disputes Act is enacted with a view to quickly resolve


industrial disputes and to promote industrial relations. In reality, there are
hurdles in accomplishing this process”. Critically examine.

8. Explain the definition of `Workman’ under the Industrial Disputes Act.

9. Explain `what is an industrial dispute’ and how is it different from individual


dispute in the I.D. Act, 1947.

Compulsory question

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

a) Protected workmen
b) Outsiders as Office bearers of a registered Trade Union
c) General and Political funds of a registered Trade Union

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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE

MBL I YEAR ANNUAL EXAMINATION (JUNE) 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. Examine the Tort and Criminal Law Regime in dealing with the
problems concerning Environment. Are they still relevant and
effective even after the enactment of specific legislations concerning

2.
Environment in India?
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Conceptualise and Analyse the principles of
(a) Sustainable Development
(b) Polluter Pays
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3. Outline the law concerning Biodiversity in India.

4. Analyse the process of Environmental Impact Assessment in India.


How is the law made in 2006 different from the one that was brought
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into application in 1994?

5. Give the salient features of the United Nations Framework Convention


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on Climate Change, 1992. Add a note on the Paris Agreement. 2015.

6. Discuss and evaluate,


(a) Solid Waste Management Rules, 2016;
(b) National Green Tribunal Act, 2010

PART-B: Write Evaluatory Notes on (2 x 10 = 20 Marks)

a) Standards under the Pollution Control Laws;


b) Coastal Zone Regulation Notification, 2011

PART-C: Write Critical and Evaluatory Notes on (4 x 8 = 32 Marks)

a) SEZ Act, 2005


b) Environment Performance Index
c) Corporate Environmental Responsibility
d) Environment Management System

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