NATIONAL LAWSCHOOLOF INDIAUNIVERSI1Y

BANGALORE MBL PART II SUPPLEMENTARY EXAMINATION (FEB.) 2011 INVESTMENT LAWS

Marks: 100 Time: 3 hours

Instructions: 1. No clarifications can be sought on the question paper; 2. Mobilephones are strictly prohibited inside the examination hall; 3. No Bare Acts or Books permitted; 4. The emphasis must be on the legal and enforcement aspects.
Answer ANY FIVE out of the fonowin,. All questions carry equal marks:

1. 2. 3.

Why does India need a capital market? protected?

How and why are Investors

Distinguish between various products of the capital market and the regulatory aspect governing the issue of such aspects. What is the design of the primary market in terms of (a) Allotment for categories of investors, (b) Pricing, (c)Method of PaYment, (d) Information on decision making, (e)Follow on public offers, (f) Products. Broadly discuss the legal framework for (a)Recognition ofStock Exchanges, (b) Corporatization, (c)Demutualisation and (d) Listing agreement. Discuss the content, scope and adequacy of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market Regulation, 1955) and illustrate it with any recent episode.
Write short notes on:
a)

4. 5.

6.

ETF

b) c) d)

Sectoral Indices Circuit Breaker Book Building

**********

NATIONALLAWSCHOOL OF INDIA UNIVERSITY

BANGALORE MBL PART II SUPPLEMENTARY EXAMINATION (FEB.) 2011 LAW OF INSURANCE

Marks: 100 Time : 3 hours

Instnlctions: 1. No clarifications can be sought on the question paper; 2. Mobilephones are strictly prohibited inside the examination hall; 3. NoBare Acts or Books permitted; 4. Answer must be brief but covering all points on issue; 5. Additional weightage will be given to bring in relevant case law on the point; 6. Please develop your answer by making visible paragraphs; 7. Question 7 is compulsory and any four from questions 1 to 6. All questions carry 20 marks.
1. What are the essential elements and Nature of Insurance Discuss with Life and Fire Insurance with decided cases. Distinguish examples. 'Life Insurance' and 'Non-life Insurance' is different Contract?

2. 3. 4.

contracts with in General

Discuss how Subrogation Insurance contracts.

from Contribution

Explain the term "Proximate Cause" of loss in fire insurance with the help of leading cases. Under Sec. 45 of Insurance Act of 1938, a policy is not to be called in question on the ground of mis-statement after two years. Explain this provision with decided cases. A is the owner of a house which is insured against fire. He sells the house to 8, but does not transfer in policy to B. The house is thereafter destroyed by fire. Can B recover the loss from the insurer? Give reasons for your answer with decided cases.

5.

6.

7.

Write notes on:

a) b) Insurance Ombudsman and Consumer Forum Nomination and Assignment.
*********

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BAN GALORE M.B.L PART II SUPPLEMENT ARY EXAMINATION (FEB.) 2011

LA W RELATING TO FOREIGN TRADE AND COMMERCIAL TRANSACTIONS

Marks: 100 Time: 3 hours

Instructions: 1. No clarifications can be sought on the question paper. 2. Mobile phones are strictly prohibited inside the Examination Hall. 3. Bare Acts are not allowed.
4.

Answer ANY FIVE questions.

All questions carry equal marks. a)
Critically evaluate the concept of 'seaworthiness' by Sea Act, 1925. under the Carriage of Goods

5.
1.

b)

Discuss the nature of liability of the consignor for damages and expenses directly or indirectly caused by shipment of dangerous goods under the Hague Rules.

2.

Critically evaluate the liability of the air carrier for damage caused to the goods and personal injury caused to passengers under the (a) Warsaw Convention and (b) the amended Warsaw Convention. A Multimodal transport operator (MTO) registered in India enters into a contract of carriage with a consignor to transport goods from Mumbai to Hamburg in Germany. The cargo was damaged in the course of carriage by sea due to the mishandling of the cargo by the crew. Discuss the liability of multimodal transport operator. What is meant by 'nachfrist principle'? Discuss the scope of this concept under the Vienna Convention on International Sale of Goods, 1980. 'A', a seller entered into a contract with 'B', a buyer to supply certain quantity of silk materials from certain places in Mysore, quite well known for this purpose. Soon thereafter, because of a strange disease, the silkworms in that region perished in large scale. As a result, silk materials became scarce and the price doubled. Hence, 'A' could not supply the agreed quantity of silk materials. 'B' filed a suit against' A'. Discuss the liability of' A' under the Indian law (Indian Sale of Goods Act and the Indian Contract Act) and the Vienna Convention on International Sale of Goods, 1980. Critically evaluate the definition of foreign arbitral award in India with special reference to the commercial reservation clause.

3.

4.

5.

6.

7.

Write short notes on:

a) b) Renusagar v. General Electric Company case; Right to cure under the CISG.

*********

NATIONAL LAW SCHOOL OF INDIAUNIVERSITY BANGALORE MBL PART II SUPPLEMENTARY EXAM (FEB.) 2011 LA W OF INTELLECTUAL PROPERTY RIGHTS
Time: Three hours Max. Marks: Instmdions: 1. Answer a'!) 2. 3. 4. 5. 100

FIVE questions. All questions carry equal marks.

f?y

Answer should be supported

referem'eto the relevant protfisions and appropriate case laws.

No clarifillJtions llJn be sought on the question paper. In case of a'!) ambigui(y in the question paper, students are e."Peded to relY on the question paper as it is and respond to it Bare Ads are NOT permitted. Hall Candidates shall not carry mobile phones or a'!) other eledronicgadgets into the Examination

Q.1.
a. Examine whether the following are patentable:
10

t.

Claim for potted plant watering apparatus which has a planter assembfy--a container that is adapted to m-eive a live plant and soil-like medium, a primary merooir at the upper rim of the container and a wick positioned in such a manner as to draw water from a said primary merooir. Claim for a computer program debugging [Ystem and method hamng a debugger core unit and detailed unique method for debugging. Claim for a demcefor proteding an electrical load, the said demce being a combination of eledritltl switch and a re-settable drcuit breaker in a common housing. Switch is a know demt'e, and tircuit breaker is also known demce. Applitltnt claims that the interdependent functioning of the two units is distinttive. Claim jor the method of adminijtration of qyuroeda medidne in spedfic sequences for

it:

ttt.

iv.

effective cure for leukemia b. What is 'enabling disclosure' in the prior art for the purpose of determining 'Novelty' under Patent Law
05

c. Examine the provisions of TRIPs pertaining to compulsory Licensing of Patent rights.

05

Q.2.
a. Explain the defenses available under the Copyright Act 1957 against a suit for infringement of copyright.
10

b. What are the essential requirements for registration of 'Design'?

10

Q. 3. What protection can be given to the following and what are the rights, if any, attached to them? 12
1.

"Law Reporter Publications" publishes the Reports containing the Judgments of the Supreme Court, High Courts and Tribunals. While reporting the Judgments, the Law Reporter Publications have edited the

Judgment by adding Head Notes, Editorial Notes, details about dissenting Judgment, concurring, overruling etc., They also have modified paragraphs and paragraph numbers, corrected the apparent grammatical errors, punctuation marks. Law Reporter publications claims copyright over the Judgment as well as the Law Report. 11. Folklore l\fuseum of University of Jharkand has collected from the houses of various Tribes artistic works. The same has been displayed in its Museum. The Tribes desire to grant license for mass production of the product they created. Museum Authorities object. What are the rights of the Mueum Authorities and Tribes, if any? ill. Police Department of Mumbai organizes a fancy show inviting celebrities from Bollywood and Indian Cricket. The teams of celebrities perform on the stage and give varieties of programs. Cricket celebrities also join the program on stage. b. Explain whether Smell, Sound and Shape of goods can be registered as Trademarks.
08

Q.4.
a. Explain the procedure prescribed under the Patent Coope~ation Treaty for obtaining patent.
08

b. Explain the procedure under the Trademark Act 1999 for registration of Trademark in India. What are the absolute grounds for refusal of Trademarks? 12

Q.S.
a. Explain the essential requirement for registration of a 'plant variety' under the PPVFR Act in India
08

b. What are the principles applied for determining 'infringement of patent'? Explain with the help of case laws. 12

Q.6.
a. What are the criminal remedies provided under the Trademarks Act 1999?
10

b. What are the exceptions to the rule that author is the first owner of copyright?
10

Q.7.
Write short notes on any four of the following: 5 x 4 = 20
1.

Berne Convention Moral Rights under Copyright Act Traditional knowledge Rights of Broadcasters IPAB

ll. ill. iv. \'.

vi. Philosophical Justification of Intellectual property vii. An action of Passing.Off

**********************

,r

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BAN GALORE

MBL PART II SUPPLEMENTARY EXAMINATION (FEB) 2011 TAXATION OF CORPORATIONS & COMMODITIES
MARKS: 100 Time: 3 hours Instructions: 1. No clarifications can be sought on the question paper, in case of ambiguity students are advised to rely on the question as it is and respond to it. 2. Mobile phones are strictly prohibited inside the Examination Hall. 3. All questions carry equal marks. 4. Bare Acts are NOT permitted. in the question paper, the

PART A Answer anv 4 questions: 4 X 10 = 40 Marks

1. Income earned in Previous Year is taxed in the Assessment Year. Are there are exceptions? Discuss. 2. How do you distinguish capital receipt from revenue receipt? 3. What are the broad features of taxation of "Companies" under the Income Tax Act, 1961 4. State the salient features of Status and Source Jurisdiction under International taxation? 5. What are the broad features of Service Tax? 6. Discuss the concept of "Manufacture" under Central Excise Act

PARTB
Write anv 4 short notes:
7. Sources of Tax Law 8. Tax Exemptions under Wealth Tax Act 9. Advance Ruling Authority under Income Tax Act 10. Settlement Commission under Income Tax Act 11. Best Judgment Assessment under Income Tax Act 12. Union ofIndia v. Azadi Bachao Andolan

4 X I0 = 40 Marks

PARTe
Answer bot" Questions
2 X I0

= 20 Marks

13. Notification No.262/ 86 CE prescribes time limit for the manufacturers to submit concerned in the Directorate of Vanaspati to the effect that the processed vegetable oils have been manufactured from fixed vegetable oils extracted by the solvent extraction method. Roshanlal Oil Mills Ltd applied 11-01-1990 to the Directorate for issue of the Certificate. The Directorate issued the certificate only on 14-03-1995. When the company applied for exemption on the basis of certificate the Assistant Collector of Central Excise refused to grant the exemption on the ground that the application along with the certificate was not filed within the time allowed. Appeal to Collector (Appeals) was dismissed. The Company retains you as their consultant and asks to prepare the appeal Memo to CEGA TS stating that the delay in getting the Certificate is not his fault or negligence and therefore should be condoned and exemption granted. Decide. 14. "A" loaded the export goods in the vessel but goods got damaged due to fire and ran aground after crossing the territorial waters of India and the goods were not salvaged. The Customs department held that "A" is not entitled to "Duty Drawback" benefit since the goods were not unloaded in a foreign port and hence export was not complete. "A" is of the opinion that he is entitled to the benefit. Whose views are correct and why? Discuss with the help of judicial decisions?

*******