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1(D 1231 LL/CL/TCL/CSL)

LL.M.(Previous) DEGREE EXAMINATION, MAY 2006SPaper - I - RESEARCH METHODOLOGY

(Common to all Branches)Time : Three hours Maximum : 100 Marks

Answer any FIVE questionsAll questions carry equal marks.

1. Write a note on different kinds of research.

2. Write an essay on objectivity and value neutrality in social sciences research.3.Define �Hypothesis� and discuss how it is to be framed.4. What are the different steps involved in social science research?5. What is random sampling? How is that selected?6. Discuss the pros and cons of observation for data collection.7. Examine the utility of questionaire in data collection.8. What do you mean by survey? How are surveys conducted?9. Discuss the various steps in tabulation of data and the guidelines to be followed in the process.10. Write short notes on any TWO of the following:

(a) Variable (b) Primary data(c) Theory and fact (d) Rating scale.

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LL.M.(Previous) DEGREE EXAMINATION, MAY 2006SPaper - IV - JURISPRUDENCE

(Common to all Branches)Time : Three hours Maximum : 100 Marks


1. Write an essay a POSITIVISM.2. �The Historical School laid the foundation on which the sociological school built the superstruc- ture�. Elucidate.3. Explain the important tenets of American Realism.4. �Judges do make law in the garb of filling the intersticing spaces� - Comment.5. Examine the measures to control the abuse of delegated legislation.6. Critically explain the characteristics of a legal right.7. Explain the emerging trends in principles of penal liability.8. �The Marxist approach to law has become anachronistic� - Comment.9. Write an essay on the golden rule of interpretation of statutes.10. Write short notes on any TWO of the following:

(a) Conflicting duty (b) Measures of curl liability(c) Mischief rate (d) Immemorial Antiquity.

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2

(D 1233 LL)LL.M.(Previous) DEGREE EXAMINATION, MAY 2006

Paper - II - DISPUTE RESOLUTIONS IN LABOUR MANAGEMENT RELATIONS(Labour Laws)

Time : Three hours Maximum : 100 MarksAnswer any FIVE questions

All questions carry equal marks.

1. Define �Industry� under Industrial Disputes Act. How it is relevant in modern economy?2. Explain the rules governing retrenchment under Industrial Disputes Act.3. Explain how far the voluntary arbitration is an effective mechanism to resolve industrial disputes.4. Critically examine the effectiveness of industrial adjudication.5. Define award and explain the scope of judicial review of awards.6. Explain different kinds of unfair labour practices.7. Explain the concept of conciliation as a method of settlement of industrial disputes.8. Explain the powers of labour courts. Do you suggest any remedies to make effective functioning of these courts in modern industrial activity?9. Define appropriate government and its role to resolve industrial disputes.10. Write short notes on any TWO of the following:

(a) Lay off (b) Closure(c) Industrial Tribunal (d) Settlement

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3(D 1234 LL)

LL.M.(Previous) DEGREE EXAMINATION, MAY 2006Paper - III - TRADE UNION LAW

(Labour Laws)Time : Three hours Maximum : 100 Marks


1. �Employees have neither constitutional nor natural, moral or ethical right to form into unions in India� - Do you agree?2. Trace the development of trade unionism in India and examine the impact of British and American experiences on it.3. �It is the purpose and not the personnel that make a trade union� - Explain.4. On what grounds can be registrar cancel the Registration granted to a trade union? What are the remedies available to an aggrieved trade union?5. Examine the scope of immunity from criminal conspiracy conferred on the office-bearer of a trade union.6. What is the ideal procedure according to you for granting to an union the status of recognised union?7. �Political affiliation cannot be divested from trade unions in India� - Comment.8. Enlist the steps to be taken for organising unorganised labour in India.9. �The Trade unions in India are not playing any proactive role for elimination of child labour in India� - Critically analyse.10. Write short notes on any TWO of the following:

(a) Name of a trade union.(b) Outside leadership of trade unions.(c) General Fund of Trade Union.(d) Privileges of office-bearers of recognised trade union.

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Paper - V - INDUSTRIAL DISCIPLINE AND PUNISHMENT PROCESS(Labour Laws)



1. Comment on the following:

(a) Industrial discipline is a myth.

(b) Industrial discipline is quantifiable.

2. Define �Misconduct� and state when conduct of workmen outside industry will be considered

misconduct?

3. Explain the procedure for certification of standing orders. What can be done by a party that is

aggrieved by certification?

4. �Domestic enquiry conducted without any respect for principles of Natural Justice is of no avail� -

Substantiate.

5. Examine the different kinds of punishments that can be imposed on a delinquent employee?

What considerations should weigh the decision of quantum of punishment?

6. �The doctrine of pleasure applicable to Government servants in redundant� - Comment.

7. What are the powers of Adjudicatory machinery under the Industrial Disputes Act in the matter of

punishing a workmen for misconduct?

8. Elucidate the rights of a suspended employee.

9. Critically evaluate the role of Administrative Tribunals.

10. Write the notes on any TWO of the following:

(a) Certifying officer(b) Victimisation(c) Publication of standing orders(d) Lawyer�s presence in Domestic enquiry.

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Paper - VI - COLLECTIVE BARGAINING(Labour Laws)



1. �Collective bargaining is a product of many variables present in a complex industrial environ- ment�. Explain.2. Explain different types of bargaining and discuss their advantages.3. Define compulsory adjudication and do you feel that it is best alternative to collective bargaining.4. Explain the constitutional validity of worker�s right to strike in India.5. Explain the justifiability of strikes and lock-outs and explain whether worker�s right to wages during the period of strikes depends upon the justifiability of strike.6. Explain the legal validity of collective agreements and their binding nature.7. How do you support the theory of worker�s participation in management?8. �The development of technology makes new demands upon collective bargaining, its policies and procedures�. Explain.9. Explain the effect of multi-unionism on collective bargaining process.10. Write short notes on any TWO of the following:

(a) Work to rule(b) Worker as a director(c) Illegal strikes(d) Collective bargaining and psychological factors.

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6(D 1251 LL)

LL.M.(Final) DEGREE EXAMINATION, MAY 2006Paper - VII - SOCIAL SECURITY LAW

(Labour Laws)Time : Three hours Maximum : 100 Marks


1. Define �Social Security� and distinguish it from �social insurance� and �social assistance�.2. �Social security was recognised as one of the rights of man and included in the universal declara- tion of Human Rights by the United Nations General Assembly in 1948� - Comment.3. Examine the provisions of Constitution of India relating to social security and evaluate to what extent they have been realised?4. Explain the DOCTRINE of NOTIONAL EXTENSION OF EMPLOYER�S PREMISES referring to leading Indian and foreign judicial pronouncements.5. �The ESI Act is an improvement over the workmen�s compensation Act� - Is it?6. Critically examine the scope of Employees Provident Fund and Family Pension schemes in ensur- ing social security to the industrial workers.7. Examine the scope of �Maternity Benefit� in the Indian legislation context.8. Define �GRATUITY� and examine whether it is a GRATIS on the part of employer in the light of leading decisions.9. Comment on the comprehensive and integrated social security scheme recommended by NCL.10. Write short notes on any TWO of the following:

(a) Workmen�s compensation commissioner.(b) Total and partial disablement(c) Employee under ESI Act(d) ESI courts.

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7

(D 1252 LL)LL.M.(Final) DEGREE EXAMINATION, MAY 2006

Paper - VIII - WAGES AND MINIMUM LABOUR STANDARDS(Labour Laws)



1. Explain the constitutional perspective of wages.2. Explain living wage and discuss the �capacity to pay� is the relevant factor to pay living wages.3. Discuss different theories of wages. Which theory is more appropriate to suit the modern needs of workers.4. Explain the ILO conventions on wages.5. Explain the full bench formula to define bonus.6. Explain the concept of fair wage and state the observations of fair wage committee in this regard.7. Explain the concept of labour welfare in industrial jurisprudence.8. What is dearness allowance and explain the process for fixation revision of Dearness Allowance.9. Explain the process of minimum wage under Minimum Wages Act, 1948.10. Write short notes on any TWO of the following:

(a) Shops and establishments.(b) Safety of the workers(c) Wage Boards(d) Equal pay for equal work

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8

(D 1233 CL)LL.M.(Previous) DEGREE EXAMINATION, MAY 2006

Paper - II - FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES(Constitutional and Administrative Laws)



1. Discuss the scope of freedom of press under the Indian Constitution. Refer to decided cases.2. Explain the protection of �Life and Personal Liberty� under the Indian Constitution. Comment on the Judicial contribution in this regard.3. Mandal Commission case resolved many controversies concerning Art 15 (4) and 16 (4) ofIndian Constitution. But in practice it could not so happen. Comment.4. What is the effect of Emergency on Fundamental rights?5. Explain the scope of Judicial review under Indian Constitution with reference to post constitutional legislations.6. The order of Tamil Nadu Government which prohibited conversions by force or by fraud is chal- lenged before the Supreme Court on the ground that it is violative of freedom of religion. Decide.7. Examine the scope of protective discrimination envisaged by the Constitution in the field of admis- sion to Educational Institution and Public Employment.8. Freedom to manage religious affairs is subject to public order, morality and health. Discuss.9. Write some important documents developed by the Supreme Court in interpretation of Art 21 of the Indian Constitution.10. Write short notes on any TWO of the following:

(a) Ex-post facto laws(b) Fundamental duties(c) Public Interest Litigation(d) Write of certiorari.

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9


Paper - III - CENTRE AND STATE RELATIONS(Constitutional and Administrative Laws)



1. Critically comment on the distinct federal features of the Indian Constitution. Do you consdier those features as sufficient indices for recognising it as a federal Constitution?2. Explain the doctrine of �immunity of instrumentalities�. Is it applicable in India?3. Discuss the relationship between the President Vis-a-vis the Council of Ministers.4. Enumerate the circumstances in which the union Parliament can make law in respect of a state subject.5. Discuss the constitutional provisions relating to resolution of Inter-State water disputes.6. Discuss the scope of Constitution amending power of the Parliament in the light of leading decisions.7. What is doctrine of pith and substance? Explain with reference to leading judicial pronouncements.8. Explain the scope of Article 356 in the light of the recommendations of the Sarkaria Commission on Centre-State relations.9. �It is believed, if the Presidential form of Government is more stable, the Parliamentary model is more responsible�. Discuss the truth of the statement and state which of the two is more prefer able for a better democracy.10. Write short notes on any TWO of the following:

(a) Doctrine of Repugnancy(b) Doctrine of pleasure(c) Legislative privileges(d) Inter-state commerce.

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10


Paper - V - ADMINISTRATIVE PROCESS - NATURE AND SCOPE(Constitutional and Administrative Laws)



1. �The rule of law has given to the countries following common law system of philosophy to curb the government�s power and to keep it within bounds - Critically examine the statement.2. The rapid growth of administrative law in the modern times is the direct result of the growth of administrative powers and functions - Elucidate.3. The doctrine of separation of powers has an intimate impact on the growth of administrative process and administrative law in the United States - Discuss.4. What is conditional legislation? Explain with case law.5. Explain the doctrine of substrative ultravires.6. Explain the procedure available in India regarding parliamentary control over delegated legislation in India.7. Explain administrative discretion? What are limits on it.8. Explain the factors responsible for the growth of tribunals in India.9. Explain the factors responsible for development of administrative courts in France.10. Write short notes on any TWO of the following:

(a) Quasi judicial function (b) Henry the VIIIth clause(c) Lok Pal (d) Consultation of interests.

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11


Paper - VI - ADMINISTRATIVE PROCESS AND JUDICIAL CONTROL(Constitutional and Administrative Laws)



1. Explain the scope of Judicial review available in India.2. What is meant by error apparent on face of the record?3. Explain the grounds on which discretion can be reviewed in France.4. Explain what is meant by public interest litigation.5. Explain the principles governing the writ of certiorari.6. Explain the scope and applicability of Audi Alteram Partem.7. What is institutional decision?8. Explain how far injunctions and declaratory actions are effective remedies against administrative actions?9. Explain the reasons responsible for appointment of Lok Ayukta in some States.10. Write short notes on any TWO of the following:

(a) Bias (b) Laches(c) Reasoned decisions (d) Mandamus.

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12

(D 1251 CL)LL.M.(Final) DEGREE EXAMINATION, MAY 2006

Paper - VII - PROTECTION AND ENFORCEMENT OF HUMAN RIGHTS IN INDIA(Constitutional and Administrative Laws)



1. Examine the impact of the 1966 covenants on the Human Rights jurisprudence in India.

2. Critically explain the scope of the protective discrimination under the Indian Constitution.

3. Does the �right to life� guarantee �right not to live�? Give reasons for your answer.

4. Write an essay on Uniform Civil Code.

5. Explain the importance of the Preamble of the Indian Constitution.

6. Examine the role of the National Human Rights Commission in the protection of Human Rights.

7. Evaluate the role of protection agencies in the promotion and protection of Human Rights.

8. Explain importance of the expansion of Locus Standi in the protection of Human Rights.9. Evaluate the constitutional provisions relating to the protection of Women.10. Write short notes on any TWO of the following:

(a) Arrest and Detention(b) Right to Development(c) Right to Information(d) Art. 32 and Art.226.

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13

(D 1252 CL)LL.M.(Final) DEGREE EXAMINATION, MAY 2006Paper - VIII - PUBLIC AUTHORITIES : LIABILITY

(Constitutional and Administrative Laws)Time : Three hours Maximum : 100 Marks


1. Explain the factors responsible for growth of Public Authorities.2. Examine the contratual liability of the State.3. What are �sovereign� and �non sovereign� functions? Is the classification relevant in view of changed functions of State?4. Can fundamental rights be waived? Distinguish it from Estoppel.5. Examine how far the State can be made accountable under Consumer Protection Act for acts done by its servants.6. Explain salient provisions of Right to Information.7. What is official secrecy? What are the privileges available to the State in this regard?8. Explain the recent trends noticed in the area of Custodial violence and State liability.9. What are legitimate exceptions? How far they realised?10. Write short notes on any TWO of the following:

(a) Right to Compensation(b) Promissory Estoppel.(c) Consumers and Public authorities.(d) Access to information.

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14

(D 1233 TCL)LL.M.(Previous) DEGREE EXAMINATION, MAY 2006

Paper - II - GENERAL THEORY AND PRINCIPLES OF TORT LIABILITY - I(Torts and Crimes)



1. �Breach of the duty is redressible by an action for unliquidated damages�. Discuss.2. �Injuria sine Damnum is actionable but Damnum sine Injuria is not actionable� - Explain.3. Discuss the liabilities which arise out of the relationship of master and servant.4. Explain the princple of absolute liability, with special reference to Rylands V. Fletcher.5. What is meant by negligence? What standards are applied to determine the question of negligence? Discuss with reference to any leading case.6. Explain the rule laid down in M.C. Mehta V. Union of India.7. What is meant by contributory negligence? Discuss the doctrine and state the exceptions.8. Discuss the various justification provided under the law of torts in cases of tortion liability.9. Explain the position of a sovereign as a defendant in an action in tort.10. Write short notes on any TWO of the following:

(a) Res Ipsa Loqutur.(b) Distinguish between Tort and Crime.(c) Scienter rule.(d) Public Policy.

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15


Paper - III - LAW OF CRIMES(Torts and Crimes)



1. Write the concept of crime and distinguish a criminal wrong with other wrongs with suitable illustrations and cases.2. Give an account on stages of crime and distinguish between antipenultimate and penultimate acts with case study.3. Explain the mode of Non-physical participation of an offender and the offence of criminal conspiracy under IPC. Is there any difference? If so give reasons.4. �Ignorantia Juris Non Excusal� - But mistake of fact is excused. Give suitable illustrations and cases.5. Explain rule of evidence under IPC. Write joint and constructive liability of offenders with suitable examples and case law.6. Discuss the social relevance of capital punishment with special reference to �Rarest of rare cases�.7. Explain lawful Homicide and unlawful Homicide. Distinguish between the above two with suitable examples and cases.8. What is criminal force? Write its role in the establishment of highest degree of criminality in different modes of commission of offences under IPC with case law.9. Write a detailed study on the offences against property under IPC with three main categories with examples.10. Write short nots on any TWO of the following:

(a) Rape and adultery.(b) Cheating(c) Criminal defamation(d) Doli Incapax and Machaughten�s rules of insanity.

16


Paper - V - GENERAL THEORY AND PRINCIPLES OF TORT LIABILITY - II(Torts and Crimes)



1. �True Nervous shock is as much a physical injury as a broken bone or an open wound�. Discuss.2. Define �intimidation� and distinguish it from conspiracy.3. What is the difference between public and private nuisance? Elaborate the circumstances when public nuisance can be actionable private nuisance.4. Explain the scope of �Contributory negligence� and examine whether �contributory neglince� is a defence in an action for negligence?5. Explain the essential elements of the tort of �Malicious Prosecution�. How are the damages assessed in the case this tort.6. �The care of a prudent man required from owners and occupiers of land and buildings differs according to the persons in regard to whom it has to be exercised�. Explain the strength of this statement.7. Discuss the defences available for an action for defamation referring to leading decisions.8. �Slander is addressed to the ear, libel is addressed to the eye�. - Comment with case laws.9. Distinguish between the wrongs of �Conversion� and �Detinue� with suitable case illustrations.10. Write short notes on any TWO of the following:

(a) Loss of expectation of life.(b) False imprisonment.(c) Trespass abinitio(d) Composite negligence.

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17


Paper - VI - CRIMINAL PROCEDURE CODE(Torts and Crimes)



1. �A person once convicted or acquitted cannot be tried again� - Explain in detail and mention the exceptions to the above rule - with cases.2. Describe the procedure prescribed in cases where there is a dispute likely to cause a breach of the peace in respect of possession of immovable property.3. Write the procedure adopted to a Magistrate for recording a confessional statement from anac- cused.4. What are the ways prescribed under Cr.P.C. for a Magistrate to take cognizance of offences?5. Compare and contrast the provisions of Cr.P.C. for the trial of a summons case and for the trial of warrant cases.6. Explain arrest. When can a police officer arrest a person without warrant?7. Write the hierarchy of criminal courts under Cr.P.C. and enumerate the powers of the appellate courts and their jurisdictions.8. Write in detail the duties and responsibilities of public in the matter of assisting a Magistrate and the police and in giving information of certain offences to the nearest Magistrate or Police Officer.9. Discuss the provisions of Cr.P.C. with regard to revision and reference.10. Write short note on any TWO of the following:

(a) Distinction between acquittal and discharge(b) Public Prosecutor(c) Double Jeopardy(d) Executive of death sentence.

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18

(D 1251 TCL)LL.M.(Previous) DEGREE EXAMINATION, MAY 2006Paper - VII - LAW OF NEGLIGENCE AND DAMAGES

(Torts and Crimes)Time : Three hours Maximum : 100 Marks


1. Explain with reference to leading cases the meaning and effect of contributory negligence.2. Discuss the scope of �neighbour principle� propounded by Lord Atkin in Donoghue V. Stevenson.3. Discuss the rule of �Remoteness of Damage� with reference to decided cases.4. Discuss the principles governing the liability of master for the negligent and wrongful conduct of his servant.5. What do you understand by �Reasonable foreseeability? How does it help in determining the damages?6. Discuss the scheme of Consumer Protection Act, 1986 relating to redressal of consumer griev- ances.7. Explain the wrong of nervous shock with reference to leading decisions.

8. Distinguish between �Contemptuous� and �punitive� damages.

9. �Duty of care varies with the magnitude of risk involved in the discharge of a duty�. Explain with

special emphasis on medical profession.

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

(a) Deficiency of services

(b) Third party insurance

(c) Joint-tortfeasors

(d) Inevitable accident.

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19


Paper - VIII - CRIMINOLOGY AND PENOLOGY(Torts and Crimes)

Time : Three hours Maximum : 100 Marks

Answer any FIVE questions


1. Explain the concept of criminology and what is the importance of its study in modern age.

2. Critically comment on the contribution of Typological schools of criminology to the nature and

causation.

3. Examine the factors responsible for while collar crimes and what remedial measures can be

adopted to prevent the same.

4. Explain the various methods of police investigation. Why do the police resort to third degree

method?

5. Examine the rights of arrested persons under Indian constitution and Criminal proceed code.

6. What are your suggestion for improvement of the conditions in jails and treatment of prisoners?

Do you think that prisoners should be paid wages for the work they do in prison.

7. Discuss the utility of �probation� from the point of view of the delinquent.

8. Write a critical note on capital punishment is its justified to abolish capital punishment in India.

9. Define �Juvenile delinquency. What are the various factors responsible for it and what measures

can be suggested to prevent it?


(a) Open air jail system.

(b) Criminality of women.

(c) Parole.

(d) Transportation.

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20

(D 1233 CSL)LL.M.(Previous) DEGREE EXAMINATION, MAY 2006

Paper - II - GENERAL PRINCIPLES OF COMPANY LAW - I(Corporate and Securities Law)



1. �A company is a legal entity distinct from its members�. In what cases do the courts ignore this principle?2. �The memorandum of Association is the fundamental law or a charter defining the objects and

limiting the powers of a company�. Explain.

3. Discuss the scope of the doctrine of indoor management. To what extent has the doctrine been

incorporated in the Companies Act 1956?

4. How and in what circumstances can a company reduce, increase and reorganise its share capital?

5. Who are the members of a company? Distinguish between member and shareholder. How is

membership terminated?

6. Define �Share�. What are the different types of shares that may be issued by a company?

7. Write a note on conversion of shares into stock. Distinguish between share and stock.

8. What restrictions have been imposed by the Companies Act on the allotment of shares? What are

the effects of an irregular allotment?

9. What are the advantages of incorporation of a company? Distinguish it from partnership.


(a) Private Company(b) Articles of Association(c) Prospectus(d) Forfeiture of shares.

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21


Paper - III - COMPANY MANAGEMENT(Corporate and Securities Law)



1. Explain Registers of members and Debenture holders. Discuss the general provisions regard-ing registers and returns.2. Discuss the role of a director in the management of company.3. Discuss the procedure for the appointment of a director and secretary in a company. What arethe rights and duties of secretary?4. Discuss the law relating to meetings and proceedings under company law while explaining dif-fer- ent kinds of meetings.5. Explain the different kinds of meetings and resolutions. What are the matters for which a special resolution is required under the company law.6. Discuss the law relating to prosecution of Directors and Officers of the company. Can a director be personally liable for the company�s tortions and criminal acts?7. Auditor is a watch dog but not a bloodhound. Comment.8. Discuss the law relating to prevention of oppression and mismanagement under companies Act.9. Discuss the powers of Central Government and National Company law tribunal to interfere in company management.10. Write short notes on any TWO of the following:

(a) Registers of members and debenture holders.(b) Sole selling agents(c) Reconstruction and Amalgamations.(d) Take over of a company by another company.

22


Paper - V - GENERAL PRINCIPLES OF COMPANY LAW - II(Corporate and Securities Law)



1. Corporate personality entitles a company to enter into contracts or make bills of exchange andpromissory notes or execute deeds� Elucidate.

2. �Preference shareholder enjoys limited rights as compared to equity shareholder�. Commentbriefly explain the various kinds of share capitals.

3. What are the statutory requirements for making further issue of capital? Explain in detail theprocedure for making the further issue of capital.

4. Has the depository system completely dispensed with the traditional system share-transfer? Howare the shares dematerialised?

5. What is the difference between the �sweat equity shares� and Employee�s stock option scheme?Compare the features of these shares with ordinary-shares.

6. Explain in detail the powers and procedure of a company in making inter-corporate loan.7. What are the rules and procedure for effecting external commercial borrowings?8. What is a foreign company? How is it registered in India? State its obligations.9. �Dividents are to be paid out of profits� Elucidate. How does a debenture differs from a share?10. Write short notes on any TWO of the following:

(a) Floating charge.

(b) Debenture Trustee

(c) Company deposits.

(d) Shares at premium and discount.

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23

(D 1236 CSL)LL.M.(Previous) DEGREE EXAMINATION, MAY 2006Paper - VI - ADMINISTRATION OF COMPANY LAW

(Corporate and Securities Law)Time : Three hours Maximum : 100 Marks

Answer any FIVE questions


1. The company law Tribunal exercises vast discretionary power to order for winding up of com-

pany under �Just and Equitable� clause. Discuss in detail some of those grounds.

2. Briefly discuss the conduct of winding up procedure.

3. Discuss in detail the powers and duties of official liquidator.

4. When is a company declared as �defunct company�? Explain the procedure for restoration and

consequences of restoration of a defunct company.

5. What is objective of constituting �National Company Law Tribunal�? Enlist some of the powers

that are transferred from Company Law Board to the Tribunal.

6. �Corporate investigations are tools to reduce corporate abuse�. Elucidate the statement and dis -

cuss the powers to investigate the affairs of the company.

7. �Composition of certain offences� is device under the Company�s Act to shield the nominal direc

tors�. Explain. What is the objective of the legislature behind such remedy? State the limitations

and role of Regional Directors in this regard.

8. The application for revival of sick industry is subject to various conditions. Elucidate. Discuss the

role of National Company Law Tribunal in this regard.

9. What are the various offences for which the officers of a company may be prosecuted during the

conduct of winding up proceeding?

10. Answer any TWO of the following:

(a) Winding up of foreign company.

(b) Powers of Inspectors during Investigation.

(c) Advisory committee

(d) Regional Directors.

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24

(D 1251 CSL)LL.M.(Final) DEGREE EXAMINATION, MAY 2006

Paper - VII - CORPORATE REGULATION(Corporate and Securities Law)



1. Prevention of concentration of economic power (Art 386) and workers participation in manage-

ment (Art 44A) and other social welfare oriented Directive Principles of State Policy are to be

taken as legislative regulation of corporate sector in India. Discuss regulatory mechanism of the

corporate sector in India.

2. Explain th salient features of securities and exchange Board of India Act, 1992.

3. The competition Act 2002 is an effective mechanism to safe guard the Indian Interest against

WTO�S TRIPS and TRIMS. Comment.

4. Explain whether corporation is a citizen or not for the purpose of enforcing freedoms guaranteed

under Art 19 of the Indian constitution Refer case Law.

5. Explain how the Reserve Bank of India regulates the non Banking financial companies in India.

6. Discuss the role of insurance regulatory and development authority in regulations the Insurance

companies of both public and private sectors under IRDA Act 1999.

7. Explain the salient features of Foreign exchange management Act 1999. How far the new Act is

more progressive than Foreign Exchange Regulations Act?

8. Discuss merits and demerits of SEBI Guidelines on Corporate Governance. Explain how far

these guidelines protect the interest of small investors.

9. Discuss the role of Reserve Bank of India in regulating corporate sector in the light of liberalisation,

privatisation and globalisation.


(a) Foreign Investment and regularisation.

(b) Stock exchange.(c) Industries Development and New Policy.(d) Changing role of Life Insurance Corporation of India after IRDA ACT 1999.

25

(D 1252 CSL)LL.M.(Final) DEGREE EXAMINATION, MAY 2006

Paper - VIII - SECURITIES LAW AND INVESTOR PROTECTION(Corporate and Securities Law)


All questions carry equal marks.1. What are the objectives of securities contract (Regulation) Act 1956? Explain the measurestaken under the Act to achieve the objectives.2. Explain the role of SEBI to prevent undesirable speculation in securities.3. Explain why the depositories Act 1996 was passed. Elucidate the salient features of this Act.4. Critically examine the powers and functions of SEBI and its governance.5. Who is custodian of securities? What are his functions?6. What is Insider trading? Does the law allow insider trading? How the regulations of SEBI 1992prevent insider trading?7. Explain how SEBI prevents fraudulent and unfair Trade practices in the securities markets.8. What do you mean by F.D.I.? Explain the measures taken and regulations issued to promote F.D.I. in India.9. Write about the role of stock exchanges to promote the capital market in India.10. Write short notes on any TWO of the following:

(a) Port folio managers.(b) Euro-issues(c) Buy-back of securities.(d) N.B.F.C.S.

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do - pdfmachine from broadgun software, … the doctrine of notional extension of employer™s...

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