LAW STUDENTS: February 2017

Thursday, 16 February 2017

LAW NOTES [ LAW OF TORTS ]

GENERAL DEFENSES

The defendant is generally liable to pay damages to the plaintiff for the tort committed by him [defendant],if the plaintiff is able to prove that the wrong committed by the defendant comes well within the essentials and scope of any of the torts.

However, the defendant can avoid his liability his liability by taking the plea of some defenses.

The following are some of the specific defenses available to the defendant:

In other words,the defendant can raise the following defenses in a tort:

1. VOLENTI NON FIT INJURIA [LEAVE AND LICENCE]

2. INEVITABLE ACCIDENT

3. ACT OF GOD

4. NECESSITY

5. MISTAKE

6. PRIVATE DEFENSE

7. PLAINTIFF-THE WRONGDOER [EX TURPI CAUSA NON ORITUR ACTIO]

8. STATUTORY AUTHORITY

INTRODUCTION:

Volenti non fit injuria means 'where there is consent,there is no injury; An act is not actionable as a tort at the instance of any person who has expressly or impliedly consented to it. The principle is based is based on 'justice and good conscience;

This maxim has double application. In the first place,it applies to intentional acts which would otherwiise be tortious.

In the second place, it applies to cases of consent to run the risk of accidental harm,which would otherwise be actionable due to the negligence of the person,who caused the accident.

Hall vs. Brooklands Auto Racing Club:

Hall was a spectator in a car race. Two cars collided and Hall was injured in the collision.In an action for damages,since he had given implied consent to run the risk,he was not entitled to recover damages.

Examples:

1. A patient who has voluntarily entered a nursing home for an operation cannot sue the Doctor for false imprisonment.

2. A player in the games of Hockey, Cricket or Football cannot compliain if he gets hurt during the game,provided the rules of the game are scrupulously followed.

3. Spectators in 'sports events' cannot complain area.

The maxim is 'Volenti non fit injuria' [i.e, implied consent to face the risk] and not 'Scienti non fit injuria' [i.e, implied knowledge to face the risk]

The maxim is applicable to run risk.

Mere knowledge of the risk is not sufficient to constitute the consent. The person injured must have knowledge of the risk and must voluntarily undertake and agree to face the risk.

Smith vs. Charles Bakers& Sons:

Baker & Sons appointed Smith for cutting stone rocks. The stones were conveyed from one end of the quarry to the other end, by cranes. Smith and Bakers knew that there was chance of the stones falling down. Smith was injured by the fall of a stone.

The Court held that Smith could claim damages,as he had only knowledge of the rick,but he has not given either implied or express consent to face the rick. Here, the maxim 'volenti non fit injuria' and not 'scienti non fit injuria' is applicable.

ESSENTIALS OF VOLENTI NON FIT INJURIA

1. There must be an express or implied consent to face the risk. The consent must be free. If the consent of the plaintiff is obtained by fraud, compulsion, or mistake induced by the defendant, then it is not consent and it does not act as a defense also. Since a minor cannot give valid consent, the doctrine is not applicable to minors.

2. The injury or loss must not be caused by the willful intention of the defendant.

3. The defendant should not be negligent. If he is negligent, this doctrine is not applicable.

E.g: Dann Vs. Hamilton,

4. This doctrine is not applicable to illegal acts.

E.g: Illegal gunfight, sword fight, ect.

5. This maxim is not applicable to 'rescue cases' or case of 'saving persons in danger'

Barandon Vs. Osborne

The plaintiff and her husband were making purchases in front of a shop. The plaintiff noticed the fall of a sky light from the roof. She pulled her husband and in doing so, she sustained muscular injury. She brought an action against the defendant, namely the shop-keeper for compensation.

The defendant contended that the plaintiff had given consent to face the risk by her of pulling her husband and hence the maximum 'volenti non fit injuria' is applicable and compensation is not payable.

However, the court held that the maxim is not applicable to cases of negligence, and hence the plaintiff can get compensation. It further said that the maxim is not applicable to cases of saving persons in danger.

Dann Vs. Hamilton

The plaintiff offered to travel in a taxi. The driver was one Mr. Hamilton, who was drunk. Even though he was drunk, he had the capacity to exercise care.

Due to the negligence of the driver, the taxi met with an accident, the driver was killed and the plaintiff was injured. The plaintiff sued the taxi driver's wife for compensation for the sustained by her.

The taxi driver's wife contented that the plaintiff has consented to face the risk, as she had the knowledge that the driver is drunk. She invoked the doctrine of 'Volenti non fit injuria'.

But the Court held that the plaintiff had not consented to the carelessness of the driver and more over , the doctrine is not applicable to rescue cases. The plaintiff could recover damages.

CONSENT OBTAINED BY FRAUD

Here, the defendant must prove that the plaintiff's consent was voluntary or free. Consent obtained by fraud is not a valid consent and hence a consent obtained by fraud cannot be a defence for the defendant.

R Vs. Williams

The accused, was a music teacher. he was teaching music lessons to a girl student of 16 years of age. Under the pretense that his act of sexual intercourse with her would improve her voice, he had sexual intercourse with her. The Court held that the mistake which the fraud had induced her to have sexual intercourse with him was not such that it would go to the real nature of the act done and hence is act could not be considered as an element affecting the consent.

R Vs. Clarence

The Court held that the husband was not liable for any offences when he had sexual intercourse with his wife and infected her with venereal disease, even though he had not informed her about this infection earlier.

Thus, under Criminal law, fraud affected consent only if it induces as the real nature of the act done .

The same rule is applicable to the tort of battery and assault.

2. INEVITABLE ACCIDENT

It is an accident which could not be avoided even after the exercise of ordinary care and caution of the defendant. In simple terms, it is an accident which cannot be avoided despite the exercise of ordinary care and caution.

If the injury or loss is due to unavoidable circumstances beyond the human control, then for such injuries, a person cannot be sued under the tort of negligence.

Moreover, the accident could not have been foreseen and could not be prevented by the exercise of ordinary care and caution.

The plea of inevitable accident is a defense in cases of negligence,assault and battery. If the injury or loss is due to unavailable circumstances,then it is not a tort. However, it is not a defense in cases of strict absolute liability.s

E.g: Dust falling in the eyes of a driver and the subsequent result of an accident, dashing with one another in a crowded area despite of extreme care and caution are instances of inevitable accident

CASE LAWS:

* Brown Vs. Kendall

The defendant accidentally hit the eye of the plaintiff when he was beating his dogs, which where fighting with one another. As it was purely an accident,the plaintiff could not recover damages.

* Fardon Vs. Harcourt Rivington

The defendant had left his dog inside his cat, which was parked on the street. The plaintiff was walking near the car and due to that the dog barked and jumped, thereby smashing the glass window. A glass piece entered the plaintiff's eye and he claimed damages. The Court held that he could not recover any damages, as it was purely an accident.

* Stanley Vs. Powell

The Plaintiff and the defendant went for pheasant shooting. The defendant fired at a pheasant, but the shoot from his gun bounced off an oak and injured the plaintiff. The Court held that injury was due to inevitable accident and hence the defendant was not liable.

3. ACT OF GOD

It closely resembles the defense of inevitable accident. The loss or injury is due to the working of natural sources beyond the power of any human being and which could not be reasonably expected.

'Act of God' is an accident which is due to natural causes directly and exclusively without human intervention and that could not be prevented or averted by the exercise of human care, caution and control.

E.g: Storm, tempest, lightning, extraordinary fall of rain, high tide, severe frost,etc.

'Act of God' is a good defense to the rule of Strict liability or 'Rule in Rylands Vs. Fletcher' .

CASE LAW

Nicholas Vs. Marsland

The defendant was the owner of some pools on his land.The pools and their let-outs were constructed without any negligence. A heavy and violent storm broke down the embankments and water flowed out and damage was caused. Since the water had escaped only due to 'Act of God'beyond any human control,the Court held that the defendant was not liable.

4. NECESSITY

Any act causing damage, if done under necessity to prevent a greater evil,is not actionable,even though harm was caused intentionally. The basis for accepting 'necessity' as a defense, is the maintenance of public good and self-protection.

CASE LAW

Cope Vs. Sharpe

The defendant trespassed on the plaintiff's land to prevent the spreading of fire.The Court held that the defendant was not liable, because he acted under necessity.

5. MISTAKE

Here, there is an admission that the act and its consequences were intended, but the defendant, acted under an erroneous belief formed on reasonable grounds.

MISTAKE OF LAW [IGNORANTIA JURIS]

Is not excusable in Crimes and Torts. 'Ignorantia Juris non excusat' is the maxim i,e, ignorance of law or mistake of law is no excuse.

MISTAKE OF FACT [ IGNORANTIA FACTUM ]

This is excused under the IPC but not so in torts. So even if a person acted under a mistake of fact, but his act caused harm to another, then he is liable to pay compensation for such harm caused.

E.g: A man executing a wrong arrest is excused in IPC under mistake of fact, but in tort, he is liable for the tort of false imprisonment.

CASE LAW

Marrison Vs. Ritchie

A newspaper Eproprietor erroneously published that the plaintiff has given birth to twins, whereas she got married only a month before. The court held that the Proprietor was liable, even though he had acted under mistake of fact.

Mistake is a defense in the following instances

* Mistaken prosecution of an innocent person.

* Mistaken arrest of an innocent person on suspicion of felony.

* Mistaken honest statements on privileged occasions.

6. PRIVATE DEFENSE

Private defense is the right of every person to defend his own person or property and that of his near relatives.

If the plaintiff attacks the defendant, then he can defend himself against such attack. The plaintiff may be a competent or an incompetent person.

E.g: Lunatic Private defense is a self-help.

ESSENTIALS

* The force applied must be proportionate to the harm anticipated.

* In private defense to property, the defendant should be in actual possession of the property or atleast must have a right over it.

* Reasonable steps can be taken by a person to protect his property.

CASE LAWS

Bird Vs. Holbrook

The defendent had fixed spring guns in his garden without fixing any notice. A trespasser sustained serve injuries due to the gun shot and hence he had sued for compensation.

The Court held that since the force used by the defendent is greater than what is required, he had to pay damages.

Morris Vs. Nugent

When the defendant was passing by the plaintiff's house, the plaintiff's dog ran and tore the defendant clothes covering his ankle. The defendant raised his gun to shot the dog, but the dog ran way. Even then ,the defendant did not stop and he shot the dog dead even while it was running way.

The Court held that the defendant had used excess force and hence liable to compensate the plaintiff.

Thursday, 2 February 2017

Previous Year Question Papers [ calicut university ]

FIRST SEMESTER B.B.A.LL.B DEGREE EXAMINATION

APRIL 2014

LAW OF TORTS AND MOTOR VEHICLE ACCIDENTS ACT 1988

Time : Three Hours Maximum : 75 Marks

Part A
Answer any six questions.

Each question carries 5 marks.

1. What is mean by absolute liability ?

2. Explain the term Res Ipa Loquitor

3. Distinguish between Tort and Crime.

4. Explain "False imprisonment".

5. What is meant by contributory negligence ?

6. Explain Scienter Rule.

7. Explain Nervous Shock.

8. Write short note on Award of the claims tribunal.

[ 6*5=30 ]

Part B

Answer any two problems.

Each problem carries 10 marks.

9. A was a spectator at a motor car race conducted by B. During the race there was a collision between two cars and one of them was thrown among the spectator which resulted in an injury to A. A sued B for compensation. Decide.

10. P sent to a third person a post card containing a defamatory statement relating to X the plaintiff.

The name of the plaintiff was not written on it. X sued P for defamation. Discuss.

11. There was a theft in A's house. A informed the police that he suspects B. B was arrested bu twas subsequently discharged by the Magistrate as the final report of the police showed that there was no evidence connecting B with the theft.B filed a suit for malicious prosecution against A. Will he succeed ? Give reasons.

[ 2*10 =20 ]

Part C

Answer any two questions.

Each problem carries 12.5 marks.

12. A person is normally liable for his negligence. But there are certain circumstances under which a person may be held liable for some harm even though he is not negligent. Explain

13. Explain the doctrine of vicarious liability with decided cases.

14. Explain the different provision in the M.V Act regarding offences and its penalties.

[ 2*12.5=25 ]

FIRST SEMESTER B.B.A,LL.B[HONS] DEGREE

EXAMINATION,APRIL 2014

CM 1-ENGLISH-Paper 1

Time Three Hours Maximum : 75 Marks

1. Correct the following sentences [any five]:

1 One must do his duty.
2 They discussed about the matter.
3 We are paying wages everyday.
4 Many a passenger have lost his luggage.
5 They climbed the Everest.
6 I will meet you between 4 p.m to 5 p.m

[5*1=5 marks]

2. Fill in the blanks with appropriate preposition [any five]

1 He is addicted ............... gambling.
2 Alcohol is injurious..............health.
3 A public man should be tolerant.............criticism.
4 Have you any objection...............my smoking.
5 The manager has approved.................my plan.
6 You should refrain.................bad company.
7 They protested.........................the new tax.

3. Read the following passage and answer the questions given in a sentence or two.

Throughout history,the search for salt has played an important role in society. Where there was no salt near,it was brought from great distances.Thus,salt become one of the most important articles of early trade.Records show that in areas of society,salt was traded ounce for ounce for gold.Rome s major highway was called the via Salaria, that is salt road.Along that road,Roman soldiers transported salt crystals from the flats at Ostia up the river Tiber. In return, they received a salarium orsalary which means to be valuable,derived from the custom of payment during the empire.The caravan trade of the sahara was also primarily an exchange of goods for salt.Among ancient people there,to eat salt with another person was an act of friendship.Salt was so important in the Middle Ages that governments retained salt trade as monopoly or levied taxes on its purchase.By then , peoples social rank was demonstrated by where they sat at the table,above or below the salt.

1 What is salarium?
2 What is via salaria ?
3 Who enjoyed monopoly over the trade of in Middle Ages?
4 Why was tax levied on the purchase of salt?
5 What was the rate of exchange for salt and gold in areas where there was scarcity of salt?

[10 marks]

4 Summaries the following passage into one -third of its length.

Difference,big or small, can always be noticed even within a national group,however closely bound together it may be.The essential unit of that group become apparent when it is compared to another national group,though often the differences between two adjoining groups fade out or intermingle near the frontier , and modern developments are trading to purchase a certain uniformity everywhere.In ancient and medieval time, the idea of modern nation was non-existent and feudal,religious,racial,or cultural bonds had more importance.Yet I think that at almost any time in recorded history an indian would have felt more or less at home in any part of india and would have felt has a stranger and alien in any other country . He would certainly have felt less of a stranger in countries which had partly adopted its culture or religion. Those who professed a religion to non-indian origin,or coming to india ,settied down here,become distinctively indian in the course of a few generations.such as Christians,Jews,Parsees,Muslims,Indian converts to some of the religious never ceased to be indian on account of a change of their faith.They were looked upon in other countries as Indians and foreigners,even though there might have been a community of faith between them. [217 words].

5 Rewrite as directed :

1 The Pasafic is the largest ocean in the world.[ Give the position of comparison].
2 Did you go to the cinema last night. [Turn into reported speech].
3 Use your common sense......................[Add suitable question tag].
4 What a delightful scene said the tourist, [Change into indirect speech]
5 The birds have eaten the grain . [Change into passive voice}
6 Man is only creature that has developed power of speech.[rewrite using articles wherever necessary]
7 The work must be finished up five o clock.[Change into active voice]
8 The pen is mightier than the sword.[Change the degree of comparison].
9 The thief [leave]the premises by the time the police arrived.[use the correct tense form of the verb in brackets].
10 He asked the boy what he was doing.[change into direct speech].

[10 marks]

6. Rewrite the following simple sentences as compound sentences :

1 In addition to being industrious she is intelligent.
2 Owing to illness,he could not attend the party.
3 Hearing a noise I turned around.
4 He is too tired to walk.
5 The match was cancelled because of the rain.

[5 marks]

7. Convert each of the following complex sentences to simple sentences :

1 He is confident that he will succeed .
2 Please tell me when you will arrive.
3 The maid admitted that she had stolen the necklace.
4 He stole the money because he was out of work.
5 He is so clever that he can solve any mathematical problem.

[5 marks]

8. Write an essay on any one :
1 Briefly explain the barriers to communication.
2 What is communication and how do you develop good communication skills ?

[10 marks]

9. Write notes on any two :
1 Semantics.
2 Case comment writing.
3 Use of Legal maxims.
4 Constitutional provisions relating to language.

[10 marks]

10. Write an essay on any one :
1 Discuss the scope of Equity,Justice and good conscience in the play Merchant of Venice.
2 Discuss Gandhiji s observations on the legal profession.
3 Ganddhiji life in South Africa.

[10 marks]

FIRST SEMESTER B.B.A,LL.B[HONS] DEGREE

EXAMINATION,APRIL 2014

CM 2-GENERAL PRINCIPLES OF CONTRACT

Time Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Communication of offer.
2. Consideration
3. Wager.
4. Restitution stops where repayment begins.
5. Agreement in restraint of trade.
6. Quasi-contract.
7. Special damages.
8. Supervening impossibility.
9. Declaration.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

10. A promises B to give his landed property,if she does not marry a coloured person. Discuss as to

the validity of contract.

11. A promises B to sell his car for Rs 50,000 or Rs.75,000. Later, A declines to honour his obligation. Advice B.

12. A, an illicit distiller threatens B that he will supply the latters minor son with liquor and make him a druncard. The attempt of A is to induce B to enter into an agreement for sale of his property to him. B executes the agreement. Now he wants to invalidate the agreement. Advise B.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

13. Describe the different type of injunction.

14. What are the protective mechanisms against compulsory contracts ?Illustrate.

15. Distinguish between Fraud and Misrepresentation with the help of decided cases.

[ 2*12.5=25 ]

FIRST SEMESTER B.B.A,LL.B[HONS] DEGREE

EXAMINATION,APRIL 2014

CM 2-PRINCIPLES OF MANAGEMENT

Time Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. What are the functions of a manager ?

2, Write a notes on Objectives.

3. Trace the importance of budgeting.

4. What is hierarchy ?

5. What are the resistance factors to management of Change ?

6. Write a notes on Span of control.

7. Bring out the silent aspects of non -financial controls.

8. Write a note on employee selection.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

9. Discuss the evolution of management as a discipline.

10. Explain the various problems involved in decision making.

11. Explain difference between line and staff functions.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

12. Discuss the contributions of Peter Drucker.
13. Explain the various theories of employee motivation.
14. Explain the new challenges before the Management and define the key issues in Modern Management.

[ 2*12.5=25 ]

FIRST SEMESTER B.B.A,LL.B[HONS] DEGREE

EXAMINATION,APRIL 2013

CM 4-BUSINESS ENVIRONMENT

Time Three Hours Maximum : 75 Marks

Part A

Answer any six questions.
All question carry equal marks.

1. What is environmental monitoring ?

2. Write a note on fiscal policy.

3. What are the functions of SEBI.

4. Enumerate the industries that are reserved for small scale units.

5. What do you mean by upper middle class ?

6. What is IPR ?

7. Write a note on poverty eradication.

8. Discuss the role played by banks in Indian economy.

[ 6*5=30 ]

Part B

Answer any two questions.
Each question carries 10 marks

9. Explain the changing dimension of business environment in India.

10. 'Export and import policy need to be aimed towards developing countries"-Evaluate ?

11. Do you think liberalization policy has helped the public sector ? Justify

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

12. Discuss the role played by agriculture in the growth of Indian Economy.

13. "There is a changing direction of cultural environment in India"-Justify your answer with examples.

14. "Social values in India is on the decline"-Explain its relevance.

[ 2*12.5=25 ]

FIRST SEMESTER B.B.A,LL.B[HONS] DEGREE

EXAMINATION,APRIL 2013

CM 3-MANAGERIAL ECONOMICS

Time Three Hours Maximum : 75 Marks

Part A

Answer any six questions.
All question carry equal marks.

1. What is Equimarginal concept ?

2. What is inelastic of demand ?

3. What is Isocost line ?

4. Under what circumstances duopoly is possible ?

5. What is NNI ?

6. Write a note on production function.

7. Write a note on diseconomies of scale.

8. What is price leadership ?

[ 6*5=30 ]

Part B

Answer any two questions.
Each question carries 10 marks

9. Discuss the movement along and the shift in the demand curve.

10. Write a note on the law of variable properties.

11. Explain the pricing strategies under oligopoly. [ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

12. Do you expect the current recession that is triggered in U.S.A. to lead to depression ? Justify.

13. What is the role of monetary policy to control inflation ?

14. Explain the different between economic and accounting cost.

[ 2*12.5=25 ]

THIRD SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 3 - BUSINESS COMMUNICATION

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. What are the types of business communication ?.

2. What do you mean by para language ?

3. What are the characterristics of an interviewer?

4. What procecutions to be taken while writing a letter to your boss?

5. What is passive listening

6. How do you write a memo ?

7. What are the various layout of letters ? Explain.

8. What is kinesics ?

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

9. Prepare a notice for informing the time and date of placement interview by a reputed company.

10. How will you write a complaint letter for the airconditioner which was supplied is found to be defective to ABC Private Limited. North Sannathi Street,Triplicane,Chennai ?

11. Explain the role played by body language in communication.

[2*10=20]

Part C

Answer any two questions.

Each question carries 12.5 marks.

12. Prepare a resume to be sen M/s Roopa Manufacturing Company,Chennai with a covering letter for getting a suitable placement.

13. Explain briefly the basis principles to be adopted in business correspondence.

14. What are the different types of report that are .generally used in a large business organisation ? Explain

[2*12.5=25]

THIRD SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 10 - FINANCIAL ACCOUNTING

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Explain the meaning of accounting.

2. What do you mean by Accounting standards ?

3. Why do you prepare final accounts.

4. What is meant by outstanding expenses ? Give its adjusting entry.

5. Write short note on manufacturing account.

6. What are the objectives of Branch Accounting ?

7. Mention some important methods of providing depreciation.

8. What are the differences between Consignment and Sale ?

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. What is a Trial balance ? State any four functions of a Trial Balance.

2. A company purchased machinery worth Rs.6,00,000 on 1st October 2006 and decided to depreciate it 10% per annum on diminishing balance method.
On 31st March 2009 the company decided to depreciate it at 10% per annum on fixed instalment method from the beginning and to adjust the differences, in depreciation arising from the change o method to the profit and loss account.
Show the machinery account for the years 2006-07-08-09 assuming that the financial year closes on 31st March every year.

3. Record the following transaction in the journal of Vishal :
2009
May 1 Commenced business with cash -Rs.5,00,000
2 Goods purchased from Mohan for cash-Rs.50,000
3 Goods purchased from Ajay -Rs 1,20,000
4 Goods returned to Ajay- Rs 5,000
8 Goods sold to Rajiv-Rs 40,000
9 Rajive returned 10% of goods.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Why do consignors send goods at loaded price ? What are the adjusting entries to arrive at true profit ? .

2. Distinguish between Hire Purchase and Installment system.

3. What do you mean by grouping and marshalling of Assets and Liabilities ?

[ 2*12.5=25 ]

THIRD SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2015

CL 10 - FINANCIAL ACCOUNTING

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Distinguish between Book-and Accounting.

2. What is statement of affairs?

3. Why is a Trading Account? Why it is prepared?

4. What are the different types of branches from the accounting point of view?

5. Define Depreciation.What are the objectives of providing depreciation ?

6. What is joint venture account ? Why do you prepare a joint Venture Account?

7. What do you mean by Compound Journal Entry.

8. Write a short note on pro-forma invoice.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. Differentiate incomplete records from double-entry system.

2. Enter the following transaction in the Journal of Hari :-
2010-
April 1 Purchased goods from Vinod of the list price of Rs.40,000 at 10% trade disconut.
2 Returned goods to Vinod Rs.34,000 in full settlement of his account
3 Paid cash to Vinod Rs.34,000 in full settlement of his account

3. On 1st January 2010,R.Chand Ltd,purchased a machinery of Rs.60,000 and spent Rs.10,000 on its erection.The machinery is depreciated at 20% per annum. Prepare machinery account for first two years,depreciating it under :
[a] Diminishing Balance Method.
[b] Fixed instalment method.
Account are closed on 31st December every year.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Explain the different ways of keeping the accounts of dependent branches by Head Office.

2. What do you mean by Financial Statement ? Prepare Final accounts by using imaginary figures..

3. What are the differences between Joint Venture and Consignment ?

[ 2*12.5=25 ]

THIRD SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2016

CL 10 - BUSINESS STATISTICS

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Explain important statistical methods.

2. Discuss about different types of classification.

3. Distingguish between open end questionnaire and closed end questionnaire.

4. Differentiate the terms mean,median and mode.

5. Write short note on different types of bar diagram.

6. Discuss the steps in finding the standard deviation.

7. What are the merits and demerits of rank correlation ?

8. Explain Baye's theorem.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. With the help of following data table deaw a histogram:-

Mid Value : 15 25 35 45 55 65 75
Frequency : 10 24 40 32 20 14 04

2. Calculate the AM from the following data:-
Value : 5 15 25 35 45 55 65 75
Frequency : 15 20 25 22 12 29 45 45

3. Calculate the coefficient of correlation from the following table of data:-

Price[Rs] : 11 12 13 14 15 16 17 18 19 20
Demand [Rs] : 30 29 29 25 24 24 24 21 18 15

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Obtain the two regressions equation from the following data:-
Sales : 91 97 108 121 67 124 51 73 111 57
Purchases : 71 75 69 97 70 91 39 61 80 47

2. From the following table of marks obtained by two students Anil [A] and Vinil [B] in 10 tests of 100 marks each,find out who is more intelligent and who is more consistent ?
Anil : 25 50 45 30 70 42 36 48 34 60
Vinil : 10 70 50 20 95 55 42 60 48 80

3. The probability that A solves a problem in management is 2/5 and the probability that B solves it is 3/8, if they try indipendently then find probability that : [1] both sole th problem;
[2] none solves the problems; [3] at least one solves the problem.

[ 2*12.5=25 ]

THIRD SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 7 - LAW OF CRIMES-1

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Explain : Actus non facit reum nisi mens rea.

2. Explain necessity as a defence to criminal liability.

3. Write a note on sedition.

4. Write a note on capital punishment.

5. What is fabricating false evidence ?

6. What is affray ?

7. Write a note on criminal inimidation.

8. Write notes on:
[a] Fraudulently.
[b] Doli incapax.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

9. W, with a guilty intention abets an insane to commit an act which would be an offence if committed by a person capable by law of committing an offence and having the same intention as W. But insane does nothing. Discuss the criminal liability of W,if any.
10. Dr. Kumar, a surgeon, intending in good faith Z's benefit and not intending Z's death performs an operation on Z, that too with Z's consent. Dr Kumar knows will that the operation may cause Z's death. Discuss the criminal liability of the doctor.
11. Tom, under the influence of madness attempts to kill Dick. Explain the scope of right of privet defence available to Dick.
12. P is in a house which is on fire, with B, a small child. People below hold out a blanket. P drops
B from the housetop, knowing it to be likely that the fall may kill B, But not intending to kill it
and intending in good faith the child's benefit. But the child dies due to the fall. What is the liability of P ?

[2*10=20marks]

Part C

Answer any two questions.

Each question carries 12.5 marks.
13. Write an essay on criminal conspiracy.
14. What is joint liability ? Compare and contrast S.34 with S.149
15. Enumerate the difference between giving false evidence and fabricating false evidence.
16. Explain intoxication as an defence to criminal liability.

[2*12.5=25 marks]

THIRD SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 5 -JURISPRUDENCE

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. What are the characteristics of legal right ?.

2. What are the modes of acquisition of ownership?

3. Explain the theory of positive law as propounded by Austin.

4. Distinguish between Authoritative and Persuasive precedents..

5. What is meant by incorporeal possession ? What are its essential elements ?

6. What is contingent interest ? State the difference between Contingent and Vested right.

7. Write a note on Golden rule of interpretation.

8. State the legal status of an unborn person.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

9. Distinguish between Supreme and Subordinate legislation and state the different forms of subordinate legislation.

10. Discuss the legal personality of corporation.

11. Examine the advantages of legislation over precedent.
12. What is ratio decidendi ? Explain the method of finding ratio of a case.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

13. Critically assess the contribution of sociological school of jurisprudence.

14. What is possession ? Explain the modes of acquiring possession.

15. Discuss custom as a source of law.
16. Explain the various theories of punishment.

[ 2*12.5=25 ]

THIRD SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2015

CL 5 -JURISPRUDENCE

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Explain the purpose of criminal justice.

2. What is meant by duplicate ownership?

3. What are the legal requirement of a valid custom ?.

4. Explain the doctrine of prospective overruling.

5. What is subordinate legislation ?

6. Explain the imperative theory of law..

7. What are the defects of legislation ?

8. Write a note on extinction of right.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

9. Define legal right. What are the essential of legal right?

10. What are the secondary source of law ?

11. Explain the various kinds of possession.
12. Discuss the functions of the state.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

13. What is ownership ? Explain the different kinds of ownership.

14. Explain the doctrine of precedent. What are the circumstances destroying or weakening the binding force of precedent.

15. Discuss the function and purpose of law.
16. Who are persons? State the difference between Physical person and Legal person.

[ 2*12.5=25 ]

THIRD SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2015

CL 6 -CONSTITUTIONAL LAW-2

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Freedom of Press.

2. Can fundamental right be amended.

3. Explain "procedure established by law" under Article 21.

4. Doctrine of Severability.

5. Pre Constitutional laws.

6. Examine rights of detenue.

7. Right to speedy trial.

8. Contempt of Court.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. Proceeding were initiated against Y under Section 309 of IPC for attempt to commit suicide.He approaches Supreme Court challenging the constitutional validity of section 309 IPC. His contention is that right to live includes right not to live. Decide.

2. Kerala Industial Establishment [National Festival Holidays] amendment act increased the holidays from seven to thirteen. This was challenged as violative of Article 19[1][g] because such increase compelled the management to pay employees salary even for closed days. Decide.

3. Punjab Police rules which provided that every under trial who was accused of non-bailable offence punishable with more than three years term would be handed cuffed. An under trial prisoner challenged it as violative of his fundamental rights under Article 14,19, and 21 of the constitution. Decide.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Discuss the nature of protective discrimination guaranteed under the constitution.

2. To what extent can the validity of a pre-constitutional law be challenged for the violation of Fundamental Right under Article 13.

3. Enumerate the freedoms enshrined in Article 19 of the Constitution.

[2*12.5=25 marks]

FOURTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2015

CL 12-OPERATIONS RESEARCH

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Discuss the relevance of QT in economic.

2. State the important theorems of probability..

3. Prove that P [A↻B]=P[A]+P[B].

4. Discuss the use of normal distribution.

5. Discuss the assumptions in analysis of variance.

6. Differentiate between Large sample and Small sample tests.

7. Explain the akaarl pearons's c0efficient of correlation.

8. What is Type 1 and Type 2 errors in hypothesis ?

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. The probability that a contractor will get a plumbing contract is 2/3 and the probability that he will not get an electric contract is 5/9. If the probability of getting at least one contract is 4/5. What is the probability that he will get both the contracts ?

2. It is known form past experience that in certain manufacturing units there are average 4 accidents per month. Find out the probability that in given year there will be less than 3 accidents. Assume Poisson distribution ?

3. The average life of 26nelectric bulbs was found to be 1200 hours with SD of 150 hours. Test whether these bulb could be considered as a random sample from a normal population with mean 1300 hours.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Calculate Pearson's coefficient of correlation from the following data table using 44 and 26 respectively as the origin of X and Y.
X : 43 44 46 40 44 42 45 42 38 40 42 57
Y : 29 31 19 18 19 27 27 29 41 30 26 10

2. The SD of two samples of sizes 10 and 14 from two normal populations are 3.5 and 3.0 respectively. Analyze whether the standard deviations of the populations are equal.

[2*12.5=25 marks]

FOURTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 13-FINANCIAL MANAGEMENT

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. What is the importance of Corporation Finance ?

2. What is cost of capital ? Discuss the problems in determining it.

3. Define 'receivable management.' How is it useful for business concerns?

4. Explain the importance steps in capital budgeting process.

5. Discuss the various forms of dividends.

6. Distinguish between over capitalization and under capitalization.

7. Explain the objectives of financial management.

8. Distinguish between operating leverage and financial leverage.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. Explain the concept of capital budgeting and what it is practical utility.

2. How should the finance of an enterprise be organised? Discuss.

3. Explain the various factors which influence the dividend decision of firm.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Efficient cash management will aim at maximizing the cash inflows and showing cash outflows. Discuss.

2. Discuss the methods used for evaluating and ranking investment proposals.
3. Describe the steps involved in the control of capital expenditure in a large organisation.

[2*12.5=25 marks]

FOURTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 14-MARKETING MANAGEMENT

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Marketing myopia.

2. Demarketing.

3. Marketing mix strategy.

4. Go-error in new product management.

5. Bundle pricing.

6. Positioning errors.

7. Above the line promotions.

8. Marketing cos controls.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. Discuss the methods of marketing segmentation with examples.

2. Evaluate the steps in consumer buying behavior with examples.

3. Explain the Product life-cycle with an example.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Explain the various marketing concept and trace its growth in India.

2. Discuss the development in the area of organized retailing with examples.
3. Differentiate between advertising and sale promotions.

[2*12.5=25 marks]

FOURTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 8-FAMILY LAW-1

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Examine the importance of shruti as a source of law.

2. Analyse the punishment for violating the age rule in marriage.

3. Define dowry and the expression valuable security.

4. Examine the concept of Divorce by mutual consent according to the Hindu,Christian and Muslim law.

5. Writhe short note on Unlawful conjunction.

6. Explain Talaq-e-tajwaz.

7. What is stridhana and the rights of women over it?

8. What are the advantages available to a Hindu who marries according to the special Marriage Act?

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. A Hindu widow wants to file separate suits for maintenance from her father and father in law. Advise her.

2. Examine the legal validity of marriage of a Hindu girl aged 21 with her maternal uncle's son aged 20 according to the Special Marriage Act,1954.

3. A Sunni Muslim husband who is in Dubai sents a message of talaq to his wife in India in her mobile phone. Is it a valid talaq?

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. State the law relating to the maintenance of Hindu wife and compare it with that of a Muslim wife.

2. Explain the difference source of Mohammedan Law.
3. State and explain the various grounds for the dissolution of marriage according to the Indian Divorce Act 1869.

[2*12.5=25 marks]

FOURTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 9-ADMINISTATIVE LAW

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Explain the relation between Administrative law and Constitutional Law.

2. Ministerial function.

3. Henry 8 clause.

4. Scrutiny Committee of Parliament on delegated legislation.

5. Right of counsel

6. Post decisional hearing.

7. Imposing fetters on the exercise of discretion.

8. Lokpal.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. For the purpose of getting admission to medical college in Delhi,a condition of schooling for last two year in any school in Delhi was prescribed.Examine the validity of this rule.

2. A student of the university was removed from the rolls because of unsatisfactory attendance and academic performance without any hearing. He wants to approach the court. Advise him.

3. The government appointed Mr.A to a civil post for a fixed period of 10 years. After 6 years the govt abolished that civil post before the expiry of the fixed tenure. Decide whether the govt.can do so.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Discuss the nature and scope of parliamentary control over delegated legislation.

2. Explain the different kinds of Bias.
3. Explain the reasons for the growth of administrative and distinguish it from the ordinary courts pf law.
4. What are the grounds under which the writ of certiorary can issued ?

[2*12.5=25 marks]

FOURTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2014

CL 10-LAW OF CRIMES-2

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Distinguish between Wrongful restraint and Wrongful confinement.

2. Explain Cheating.

3. What is assault and criminal force ?

4. Explain the chief elements of extortion.

5. Write a note on lurking house trespass and criminal trespass.

6. Explain the ingredients of the offence of forgery.

7. State the ingredients of defamation.

8. Explain cruelty section 498 A.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. A says of a book published by Z " I am not surprised that Z's book is foolish and indecent for he is a weak man and a libertine". A is prosecuted for defamation. Decide.

2. A instigates B to burn Z house. B sets fire to the house and at same time commits theft of the property. Discuss the liability of A.

3. A with the intention to kill B strike his Knife on B's body which was lying lifeless in room. Has A committed any offence?
4. X holds Z down and dishonesty takes Z's money and jewels from Z's person without Z's consent. Decide.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. Explain the offence of bigamy and its exceptions. Distinguish it from adultery and rape.

2. Explain criminal misappropriation and distinguish it from theft and criminal breach of trust.
3. Discuss the constitutionality of death sentence with decided cases.
4. Explain perjury. Point out the recent developments with relevant caselaws.

[2*12.5=25 marks]

FIFTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2015

CL 15-OPERATIONS MANAGEMENT

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Explain the operations system in organization.

2. Write short notes on job design.

3. Explain the concept of work sampling.

4. Discuss the input components of MRP-1

5. Write a short note on hybrid layout.

6. Discuss the importance of control charts.

7. Write short note on preventive maintenance.

8. Discuss the objectives of CRP.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

1. Discuss the steps in evaluation of location alternatives to setup a manufacturing unit.

2. Discuss on any three type of plant layout.

3. Explain how quality control different from TQM in manufacturing sector.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

1. What are the location factors generally considered by the retail chains to proliferate their operations?

2. Discuss on statement "MRP is with out MPS"

3. Explain how SQC is useful in solving problems in manufacturing units.

[2*12.5=25 marks]

FIFTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2015

CL 16-HUMAN RESOURCE MANAGEMENT

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. What is traditional HR ?

2. Write notes on Transfers and Promotions.

3. Write a short notes on aptitude testing.

4. What is the role of government in HR of companies?

5. What are the resistance factors to management of Change? .

6. Write a note on trade union in companies.

7. Bring out the salient aspects of safety management.

8. Write a note on Workers Participation in Management.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

9. Discuss the various types of interviews used in selecting employees.

10. "HR has undergone series of changes in tune with the era"-Discuss.

11. Explain the newer trends in performance appraisal systems.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

12. "HR is losing its importance due to outsourcing "- Evaluate.

13. The performance of the organization over the last two months has been abysmally bad. The entire staff id depressed & frustrated,the atmosphere at the performance review meeting is extremely tense.As a HR Manager what course of action will you take?
14. Discuss the various performance appraisal methods available to organizations.

[2*12.5=25 marks]

FIFTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2015

CL 13-CONSUMER PROTECTION LAW

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Distinguish between consumer of goods and consumer of services.

2. What is meant by unfair trade practice?

3. Define Goods.

4. What is meant by circuit benches?

5. State the period of limitation prescribed by the C.P Act.

6. Who is a tender?

7. What are the reliefs available to a consumer under the C.P Act?

8. Explain what is meant by defect.

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

9. 'A' purchased a refrigerator from a retail shop.When used,it was found to be defective.What is the remedy available to A?

10. Anu was taken to a privet hospital for treatment After three days her condition become worse and was taken to another hospital. It was found that diagnosis in the first hospital was not correct. Anu seeks remedy from a forum.Advise.

11. Rani purchased a sewing machine for the sole purchase of her livelihood.But it had some manufacturing defects.Advise Rani as to whether she can obtain a remedy from the consumer form.

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

12. Discuss the object and purpose of the Consumer Protection Act.

13. Explain the composition,power and function of the State Commission.
14. What are the advantages of the consumer redressal agencies over the system of ordinary courts.

[2*12.5=25 marks]

FIFTH SEMESTER B.B.A LL.B [HONS.]DEGREE EXAMINATION 2015

CL 11-LAW OF CRIMINAL PROCEDURE

Time : Three Hours Maximum : 75 Marks

Part A

Write short notes on any six of the following.

Each question carries 5 marks.

1. Who is a public prosecutor ? Explain his role while representing the state in the criminal trial.

2. Explain the procedure for procuring the presence of an absconding accused.

3. Discuss the principle of autrefois acquit and autrefois convict incorporated in the criminal procedure code

4. Explain the law regarding compensation to victims of crime.

5. When can an order for maintenance be cancelled?

6. Explain the rules regarding withdrawal from prosecution.

7. What is summary trial?

8. What is remission of sentence?

[ 6*5=30 ]

Part B

Answer any two questions.

Each question carries 10 marks

9. X is tried summarily by a magistrate to act under section 260 of the criminal procedure code and the magistrate passes a sentence of Rs .200.X wants to question the legality of the sentence. Advise X.

10. Decide the place of inquiry and trial in the polloing cases:
[a] An offence is committed at one place and its consequence is ensued in another place.
[b] X committed murder at Trivandrum and he was arrested from Kozhikode.

11. A was arrested by police on the basis of an information that he murdered B.When he was brought police.He recorded it like a statement deposed by a witness. Is the recording of confession proper and legal.On what grounds can the confessional statement be challenged?

[ 2*10=20 ]

Part C

Answer any two questions.

Each question carries 12.5 marks.

12. When can a police officer arrest a person without warrant?

13. Explain the rules regarding joinder of charges.
14. Discuss the law relating to anticipated bail.
15. Explain the principal features of fair trial.

[2*12.5=25 marks]

SEVENTH SEMESTER B.B.A.,LL.B DEGREE EXAMINATION APRIL 2015

CM 19- ADVERTISING AND PUBLICITY MANAGEMENT

Time Three Hours Maximum : 75 Marks

Part A

Answer any six questions.

All questions carry equal marks.

1. [a] Define Advertising. Explain its objectives.

[b] What is an advertising medium? How a medium is selected ?

[c] What is an advertising agency ? What points are considered in choosing an advertising agency?

[d] What are the important features of an advertisement copy?

[e] Is salesmanship an art or science ? Explain.

[f] What is a headline in advertisement copy? What are the essentials of a good headline?

[g] What are the advantages and limitations of Outdoor advertising?

[h] How is advertising effectiveness tested?

[6*5=30 marks]

Part B

Answer any two questions.

All questions carry equal marks.

II . What is an advertisement budget ? What methods are used in determining the advertisement budget?

III. What is the necessity of training salesman ? Explain different methods of training salesmen.

IV. What is meant by buying motive of consumers ? Explain the various type of buying motives.

V . What is meant by customer survey ? Distinguish between qualitative and quantitative surveys.

[2*10=20 marks]

Part C

Answer any two questions.

All questions carry equal marks.

VI.[a] Differentiate between advertisement and personal selling. Are they supplementary to each other ? illustrate your answer with suitable examples.

[b] Explain the various sales promotion methods undertaken at dealers' as well as consumers' levels

[c] What is the importance of television advertising in India? Explain is its future

[2*12.5=25 marks]

SEVENTH SEMESTER B.B.A.,LL.B DEGREE EXAMINATION APRIL 2015

CM 19- PRINCIPLES OF TAXATION

Time Three Hours Maximum : 75 Marks

Part A

Answer any six questions.

All questions carry equal marks.

1. Merits and demerits of direct and indirect taxes.

2. Explain :

[a] Compensatory tax.

[b] Consumption tax.

3. System of taxation Kautilya's Arthasasthtra.

4. Discuss limits on taxing powers.

5. Art.19[1][g] and fiscal statute.

6. Regressive and regressive taxation.

7. Direct tax code and Central Board of Direct Taxes.

8. Social aspects of taxation.

[6*5=30 marks]

Part B

Answer any two questions.

All questions carry equal marks.

1. Prohibition on taxing sale during export import is only on state government and not on Union Government . Comment.

2. Critically evaluate the role of Finance Commission in the equitable distribution of tax arrangements.

3. Charging sections of taxing statute should be strictly construct. But procedural sections should be liberally construct. Comment.

[2*10=20 marks]

Part C

Answer any two questions.

All questions carry equal marks.

Discuss the assignment of tax powers and tax sharing arrangement between centre and state.
Analyse the fiscal reforms in India based on the recommendation of various tax reforms committees.
Origin and development of law in India.

[2*12.5=25 marks]

SEVENTH SEMESTER B.B.A.,LL.B DEGREE EXAMINATION APRIL 2015

CM 20- LABOUR LAW II

Time Three Hours Maximum : 75 Marks

Part A

Answer any six questions.

All questions carry equal marks.

1. What are the defenses available to the employer against claim for compensation under the workman compensation Act.

2. Explain the concept of gratuity. How does it differ from Pension and Provident Fund.

3.Explain the procedure for fixing minimum wage.

4. Examine the procedure for adjudication of claims by the E.S.I Courts.

5. Write a note on the machinery and procedure for realization of compensation under the Workmen Compensation Act.

6. State how gross profit is computed under the Payment of Bonus Act.

7. Explain the theory of National extension of employers.

8. What are the powers and duties of Inspectors under the Employees,Provident Fund Act?

[6*5=30 marks]

Part B

Answer any two questions.

All questions carry equal marks.

1. An employee of a company had gone on leave for 6 days on 8th January 2015. He remained absent till 5th March 2015 without obtaining leave on 6th he produced a medical certificate issued by the Civil Surgeon of his native place stating that he had suffered from chronic malaria dysentry.

The manager of the company send him to the medical officer of the company for examinations, The doctor after examination reported that he was not able to confirm it. There fore the company refused to take him park to service. The employee approaches the Court under the E.S.I Act .Decide.

2. Ramu with his father and brothers are partners carrying on the sale, and manufacture of 'Agrabathies' The firm was dissolved on 5the march 2014 on 20-4-2014, he started a new firm with his sons as partners for the doing the same kind of business. Decide whether the new firm is entitled to infancy protection under the Employees Provident Fund Act.

3. A workman met with an accident in the course of employment while engaged in his daily work.But while doing his duty he wilfully removed the safety measures provided by the employer. As s result he become totally disabled to do any work. Decide whether the employer is liable.

4. A guard on duty in the railway Station while proceeding for work, was stabbed and killed in a communal riot. I the employer liable to pay compensation?

[2*10=20 marks]

Part C

Answer any two questions.

All questions carry equal marks.

1. Give a brief account of unauthorised deductions under the payment of Wages Act.

2. Critically examine the salient features of the Bonus Act. Do you think that it is proper to call this statutory right as 'Bonus'?

3. Outlines the health, safety and welfare measures contemplated under the Factories Act,1948.

4. "The payment of gratuity is not gratuitous ". Explain the statement referring to the provision of Payment of Gratuity Act.

[2*12.5=25 marks]

SEVENTH SEMESTER B.B.A.,LL.B DEGREE EXAMINATION APRIL 2015

CM 21- ENVIRONMENTAL LAW

Time Three Hours Maximum : 75 Marks

Part A

Answer any six questions.

All questions carry equal marks.

1. Causes and impact of environmental pollution.

2. What kind of acts are prohibited in the reserve forest ?

3. Role of social movements in environmental management.

4. Powers of Central Government under Environment [Protection] Act,1986.

5. Environmental Impact Assessment.

6. Legal measures for protection of wildlife.

7. How far the legal framework protect forest in India ?

8. Discuss sustainable development.

[6*5=30 marks]

Part B

Answer any two questions.

All questions carry equal marks

1. A company charged with pollution of river take samples and submitted to pollution board, which had send the same to a private analyst's laboratory. Analyse the evidentiary value of the report.

2. The state Government took a decision to convert all green areas and parks in towns and cities to commercial and residential areas. Can this decision be challenged ?

3. A petition is filed by an N.G.O.,before the supreme court to stop the import of cattle feed into India on the ground that it is contaminated by germs and nuclear fallout. What the Supreme court can do?

4. The Magistrate issued an order totally banning the use of polythene bags.'ABC company engaged in the manufacture of polythene bags challenges this order as violative of their fundamental right. Decide.

[2*10=20 marks]

Part C

Answer any two questions.

All questions carry equal marks.

1. "Right to healthy environment is included in Art.21- Explain.

2. Examine the importance of conservation of forest to fight against ecological imbalance.

3. Analyse the constitution, powers and functions of pollution control Boards under Water Act.

[2*12.5=25 marks]

SEVENTH SEMESTER B.B.A.,LL.B DEGREE EXAMINATION APRIL 2015

CM 22- PROPERTY LAW

Time Three Hours Maximum : 75 Marks

Part A

Answer any six questions.

All questions carry equal marks.

1. Explain attestation.

2. What do you mean by ostensible-owner?

3. Explain the term Simple Mortgage.

4. When can a mortgager redeem a usufructuary mortgage?

5. Doctrine of acceleration.

6. Explain Customary Easement.

7. State the difference between vested interest and contingent interest.

8. What is onerous gift?

[6*5=30 marks]

Part B

Answer any two questions.

All questions carry equal marks

1. A mortgages the properties X and Y to B. A then mortgages X to C. C brings X to sale to enforce his mortgage and himself purchases X. B then obtains an order for sale on his mortgage. What is the remedy of C?

2. A deed of gift recited that the donee or his successor had no right to transfer the property gifted. It also provided that donor and his successor would have the right to revoke the gift in case of transfer by the donee. Explain the validity of such a condition.

3. X, transferred the properties to the legal heirs of an unborn person who is in the womb. Explain the legality of the transaction.

[2*10=20 marks]

Part C

Answer any two questions.

All questions carry equal marks.

1. Discuss with illustration the doctrine of part performance.

2. Explain mortgage. What are the rights and liabilities of mortgager and mortgagee ?

3. Gift of Movable and Immovable properties.

[2*12.5=25 marks]