First Year LL.M. (Business Law) Examination, July/August 2011 (Directorate of Distance Education) Paper 0:1 : LAW AND SOCIAL TRANSFORMATION IN INDIA

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1 *LMA110* LMA 110 First Year LL.M. (Business Law) Examination, July/August 2011 (Directorate of Distance Education) Paper 0:1 : LAW AND SOCIAL TRANSFMATION IN INDIA Time : 3 Hours Max. Marks : 80 Instructions : 1) Answer all questions. 2) All questions carry equal marks. 3) Answers should be supported by relevant statutory provisions and case laws. 4) No clarifications can be sought on the question paper. In case of any ambiguity, students are expected to rely on the question paper as it is and respond. 5) Students who have attended 30 Marks IA Scheme will have to answer for total of 70 Marks (Repeaters). 6) Students who have attended 20 Marks IA Scheme will have to answer for total of 80 Marks (Freshers). 7) Answer any FIVE of the following Section A. Each question carry 14 marks in Section A for both Marks Schemes. 8) Section B is compulsory for 80 marks scheme. Note : Question No. (6) in Section B is compulsory for 80 Marks Scheme only. SECTION A I. a) Discuss the role of law in bringing about a social revolution in India. b) Examine the role of the British in bringing about the initial social revolution and change in India. II. a) Secularism is the foundation and an answer to all the ills facing the society Discuss. b) Explain in detail the various provisions under the international Conventions and the Constitution of India related to the protection of minorities. P.T.O.

2 LMA 110 *LMA110* III. a) Critically examine the language policy of the government of India. b) Examine the constitutional guarantees provided to linguistics minorities in India. IV. a) Discuss in detail the various steps taken under the constitution of India to protect the scheduled castes and tribes with the help of decided cases. b) Critically examine the reservation policy of the Government of India with the help of decided cases. V. a) Discuss the constitutional protection given to a child. b) Discuss in detail the powers and functions of Women s Commission of India. SECTION B VI. a) Write short notes on the following : i) Acharya Vinobha Bhave and the Bhudan Movement. ii) The contribution of Jayaprakash Narayan. b) The place of ADR to the growth of Law.

3 *LMA120* LMA 120 I Year LL.M. (Business Law) Examination, July/August 2011 (Directorate of Distance Education) Paper 02 : INDIAN CONSTITUTIONAL LAW : THE NEW CHALLENGES Time : 3 Hours Max. Marks : 70/80 Instructions : 1) Students who have attended 30 Marks IA Scheme will have to answer for total of 70 Marks (Repeaters). 2) Students who have attended 20 Marks IA Scheme will have to answer for total of 80 Marks (Freshers). 3) Answer any FIVE of the following Section A. Each question carry 14 marks in Section A for both Marks Schemes. 4) Section B is compulsory for 80 marks scheme. 5) Answer all questions. 6) All questions carry equal marks. 7) Answer should be supported by relevant statutory provisions and case laws. 8) No clarifications can be sought on the question paper. In case of any ambiguity, students are expected to rely on the question paper as it is and respond. Note : Question No. (6) in Section B is compulsory for 80 Marks Scheme only. SECTION A 1. a) Discuss the responsibility of the centre to protect the states when there is failure of constitutional machinery. b) Liberalisation has created a need to redefine State Discuss. P.T.O.

4 LMA 120 *LMA120* 2. a) What do you mean by affirmative action? Explain. b) Critically evaluate political empowerment of women as a constitutional obligation. 3. a) Explain the scope and new challenges of freedom of press under the light of scientific development. b) Give a critical note on right to education. 4. a) How does the state can control the rights of minorities to establish and administer educational institutions? b) Explain the impact of religious fanatism upon constitutional guarantee of secularism. 5. a) Discuss the value contribution of PIL as a tool of judicial activism. b) Explain the following : a) Transfer of judges. b) Rehabilitation of displaced persons. SECTION B (Compulsory questions for 80 marks scheme only) Answer any ONE of the following questions. (1 10=10) 6. a) Give an explanatory note on electoral reforms with suggestions. b) Explain : a) Judicial Restraint b) Interstate disputes.

5 *LMA130* LMA 130 I Year LL.M. (Business Law) Examination, July/August 2011 (Directorate of Distance Education) Paper 03 : JUDICIAL PROCESS Time : 3 Hours Max. Marks : 80 Instructions : 1) Answer all questions. 2) All questions carry equal marks. 3) Answers should be supported by relevant statutory provisions and case laws. 4) No clarifications can be sought on the question paper. In case of any ambiguity, students are expected to rely on the question paper as it is and respond. PART A 1. a) Trace the development of the doctrine of precedent and its application in India. b) Examine the tools and techniques applied by the judges in judicial process. 2. a) Judicial activism is required for the growth and development of the law of precedent in India Discuss. b) Explain how categories of illusory references help judicial process to ensure orderly growth in law. 3. a) Discuss the element of Judicial discretion in judicial reasoning and comment on its relevance. b) Examine the social functions of law relative to social integration and change under the constitution of India. 4. a) Comment on the place of Dharma in Indian Legal thought. b) Explain in detail the place, relevance and importance of Dharma in the administration of Justice. P.T.O.

6 LMA 130 *LMA130* 5. a) Comment on the relationship between law, justice and morality. b) Discuss the relevance of theories of justice in the growth and development of Law. PART B (Compulsory question for 80 marks scheme only) Write short notes : (1 10=10) 6. a) 1) Law as a command 2) Law as reason. b) 1) Inner morality of law 2) Pure theory of law.

7 *LMA140* LMA 140 I Year LL.M. (Business Law) P.G. Examination, July/August 2011 (Directorate of Distance Education) LEGAL EDUCATION AND RESEARCH METHODOLOGY Time : 3 Hours Max. Marks : 70/80 Instructions : 1) Students who have attended 30 Marks IA Scheme will have to answer for total of 70 Marks (Repeaters). 2) Students who have attended 20 Marks IA Scheme will have to answer for total of 80 Marks (Freshers). 3) Answer any FIVE of the following Section A. Each question carry 14 marks in Section A for both Marks Schemes. 4) Question No. (6) in Section B is compulsory for 80 Marks Scheme only. 5) Answer all questions. 6) All questions carry equal marks. 7) Answers should be supported by relevant statutory provisions and case laws. 8) No clarifications can be sought on the question paper. In case of any ambiguity, students are expected to rely on the question paper as it is and respond. SECTION A 1. a) Examine how problem method helps in the development of skills as compared to lecture method. b) How far student participation in seminars and publication in journals enhances the learning experience? P.T.O.

8 LMA 140 *LMA140* 2. a) Explain the importance of empirical research in the development of law and legal system. b) What is hypothesis? How is it related to fact? Explain with suitable illustrations. 3. a) When interview method is adopted by researchers? What are the pros and cons of interview in gathering information? b) How far computers and internet can be used gainfully for research? 4. a) Examine critically the systems of evaluations of student s performance. b) Analyse the importance of various methods in identifying research problems. 5. a) Explain briefly the various methods of data collection. b) How far historical research is relevant? What are its disadvantages? SECTION B (1 10=10) (Compulsory Question For 80 Marks Scheme Only) Answer any ONE of the following questions : 6. a) Examine in detail the status of socio legal research in India. b) Compare and contrast doctrinal and non doctrinal research.

9 *LMA150* LMA 150 First Year LL.M. Degree Examination, July/August 2011 (Directorate of Distance Education) Branch : Business Law Paper 06 : LAW OF INTELLECTUAL PROPERTY RIGHTS Time : 3 Hours Max. Marks : 80 Instructions : 1) Students who have attended 30 Marks IA Scheme will have to answer for total of 70 Marks (Repeaters). 2) Students who have attended 20 Marks IA Scheme will have to answer for total of 80 Marks (Freshers). 3) Answer any FIVE of the following (Section A) questions. Each question carry 14 marks (for both Marks Schemes). 4) Question No. (6) in Section B is compulsory for 80 Marks Scheme only. 5) Answer all questions. 6) All questions carry equal marks. 7) Answer should be supported by relevant statutory provisions and case laws. 8) No clarifications can be sought on the question paper. In case of any ambiguity, students are expected to rely on the question paper as it is and respond. SECTION A 1. a) Explain the evolution and concept of IPR. b) What safeguards and precautions are taken before granting an Anton Piller order? How does the Anton Piller order differ from a search warrant? P.T.O.

10 LMA 150 *LMA150* 2. a) Justify the need for protection for Intellectual property under WTO regime. b) Critically examine Reverse Engineering and its legal implications. 3. a) Comment on literal and non-literal copying of computer software. b) What are the conditions to be satisfied by an invention to be patentable? 4. a) What are the rights of a copyright holder (which when violated lead to infringement)? b) Discuss the constitutional and Human Rights dimensions of Intellectual Property. 5. a) Today everything can be patented, under the sun, which is made by man explain the statement in the light of patenting of biotechnology. b) Critically examine Fair Use Doctrine. SECTION B 6. Write short note a) Paries convention b) Berni convention a) Traditional knowledge b) Non patentable inventions