Seminar & Clinical Legal Education Record

SEMINAR & CLINICAL LEGAL EDUCATION RECORD

Submitted in partial fulfillment of the Requirement for the award of the Degree of

Submitted By XXXXX (Regd.No.xxxxx) II Semester of 5 Year LL.B.

RAJIV GANDHI INSTITUTE OF LAW KAKINADA – 533 005 RAJIV GANDHI INSTITUTE OF LAW KAKINADA – 533 005

Certificate

This is to certify that ‘The Clinical Legal Education Record’ submitted in partial fulfillment of requirement for the award of the Degree of LL.B. is a record of bonafide work done by xxxxxxxxxxxxxxxxxx, bearing Regd.No. xxxxxxxxxxxxxx during the Second Semester of 5 Year LL.B. under my guidance and that this record has not been previously formed as the basis for the award of any degree, diploma, associate ship, fellowship or similar title.

Teacher – in-charge Principal RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Seminar and Clinical Legal Education 1/5 LLB : Second Semester Part –A Marks – 50 (Seminar write up:25 Marks and Oral Presentation – 25 Marks) Topics for Seminar 1. Contract of Indemnity 2. Dishonour of a Cheque 3. Family 4. Caste System 5. Rousseau 6. Civil Disobedience 7. Merchant of Venice 8. The Secrete of Work (Vivekananda) Note : Oral Presentation before the External Examiner on any one of the above topics and A written record shall also be submitted to the college. Part – B Marks – 50 (Record– 25 Marks and Viva - 25 Marks) Clinical Legal Education - Activities suggested 1. Internship at Advocate’s Office

2. Observation of Court Proceedings in Kakinada Note : A written record shall be submitted to the college on any one of the above.  Seminar and Clinical Legal Education record shall be kept in same record which is to be in a Laminated Bounding in A4 Size along with Certificate from the college. Two copies shall be submitted. One copy shall be submitted to the college well in advance and another copy shall be carried by the student to the viva voce test after getting certificate. RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014 1/5 LLB : II Semester SOCIOLOGY-1 (General Principles of Sociology) Part : A INTERNAL EXAMINATION QUESTIONS: I. Is sociology a Science? Discuss various Theories and relate sociology with other disciplines?

II. A. Discuss the following Concepts. a) Structure and Function b) Statues and Roles c) Norms and Values d) Institution

B. Explain about the following Social Institutions. a) Marriage, Family and Kinship b) Work & Economic Institutions c) Power and Political Institutions d) Religious and Educational Institutions

III. Fill in the blanks 1. Sociology is derived from the Latin Word ______and the Greek word ______A. Societus, Logos 2. Sociology is the study of ______A. Man’s Behaviour in group or of the interaction among the Human beings and of social relationships 3. A social role is an integral part of some social organization is given by ______A. Olson 4. The word status is used to refer to ______A. An individuals total standing in society 5. The family is a social group characterized by ______A. Common residence, Economic, co-operation and reproduction 6. The Father of Sociology is ______A. August Compte 7. Social group is ______A. Collection of Human beings 8. Marriage is an ______A. Institution which admits Men & Women to Family Life 9. All people Prohibit marriage between individuals showing certain degrees of blood or a final relationships is known as ______A. Exogamy 10. The term Education is derived from the Latin Word ______A. Educare PART-B TOPICS FOR ASSIGNMENT I. What is Social Stratification? II. Explain Social Control, Order and Stability III. What is Coercion, Conflict and Charge? IV. Explain about the relationship between Law and Society V. Fill in the blanks 1. The word caste is derived from the Spanish Word______A. Casta 2. Sociology is the science of collective behaviour according to ______A. R.E.Park & FW Burgess 3. The process by which individuals and groups are ranked in a more or less enduring hierarchy status is known as______A. Social Stratification 4. The tribe as a group is closest to ______A. A Class 5. Polyandry is the form of marriage which implies ______A. One woman marring several men 6. Role Conflict is a major phenomenon of ______A. Industrial Society 7. Family is an ______A. Kinship Group 8. Religion is a ______A. Belief in supernatural powers 9. Law is the body of Principles, Recognised and applied by the state in ______A. Administration of Justice 10. Social Institution containing of ______A. Marriage, Family, Educational, Political, Religious Institutions RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014

1/5 LLB : II Semester GENERAL ENGLISH - II

Part : A INTERNAL EXAMINATION QUESTIONS:

I. What does Lynd feel about people above of arguing? II. A. Give an account of living Stone’s Views on Education? B. Why does Forests think about Character? III. Fill in the Blanks 1) Adnauseam means______A. To a disgusting extant 2) Advalorem means______A. According to the value 3) Dejure means______A. From the law, by Right 4) Fact accompli means ______A. A thing already done 5) Faus pas means ______A. False step: A slip in behaviour 6) Dies non means ______A. A day on which Judges do not sit 7) Client means ______A. A person under patron : one who employs a lawyer 8) Locus Standi means ______A. A right to appear and be heard before a court in a particular case 9) Perjury means ______A. Wilfully to make a false evidence 10) Abate means ______A. To put an end to the legal proceeding in law or equity without Judgement on merits in favour of defendant

PART-B TOPICS FOR ASSIGNMENT I. What are the views of Richard Steele on the art of Stores telling? II. Bring out the element humour in Steels Judicious Flattery III. What is the Psychology of Covalent according to Charles Lamb? IV. Comments on lights V. Fill in the blanks 1. Act of State means ______A. An Act alone by the sovereign authority 2. Bonafide means ______A. In good faith 3. Sine due means ______A. Without a day being appointed 4. Cognate means______A. Of the same family 5. Hiba means ______A. A gift under Muslim law 6. Insolvency means______A. inability to pay one’s debts 7. Bigamy means ______A. Having two wives at a time : having two husbands at a time, it is a crime 8. Habendum means ______A. A conveyance clause defining what estate or interest is granted by it 9. Exparte means ______A. From one side only 10. Inquest means______A. A judicial inquiry as to the cause of the death of a person. RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014

1/5 LLB : II Semester POLITICAL SCIENCE-II (Foundations of Political Obligation)

I. Discuss elaborately the Political thoughts of Plato and Aristotle II. A. Explain is detail the concept of Power, Authority and Legitimacy B. Explain lucidly the Utilitarian School of Political thought III. Fill in the blanks 1) Politics is nothing but struggle for ______A. Power 2) According to Bertorand Russell - Power means ______A. Power is capacity to influence the actions of others 3) Lasswell defined power is the participation in the ______A. Making of decisions 4) Legitimacy is ______A. The Lawful exercise of power 5) Usurpation is ______A. The lawful exercise of political power 6) Communist Manifesto was written by ______A. Karlmarx, Frederick Engels, 1848 7) General Will is propounded by ______A. Rousseau 8) Politics as Vocation written by ______A. Max Weber 9) Bentham propounded the theory of ______A. Utilitarianisam 10) The term sovereignty is derived from the latin word ______which means ______A. Superanus; Supreme

PART-B ASSIGNMENT TOPICS

I. Explain the problem of Civil Disobedience and Political Obligation with reference to Gandhian and Neo-Gandhian thought II. Explain about different theories and kinds of punishment and the signification Punishmennt c) why should we honour promises and contracts III. Explain Political Concept of Hobbes, Locke, Rousseau and Karl Max IV. Explain about various theories of Origin and State. V. Fill in the Blanks 1. Thomas Hobbes is regarded as ______A. The originator of modern political philosophy 2. John Locke was the representative to thinker of the ______A. Social contract school

3. J.S. Mill was the best friend and follower of ______A. Bentham 4. J.S. Mill was the most important exponent of ______A. English utiliterianisam 5. The Civil disobedience movement was led by ______A. Gandhiji 6. St. Thomas Aquinas was the supporter of ______A. Natural Laws 7. Torture that a person should undergo on account of doing a wrong is called ______A. Punishment 8. Common civil code is provided under article ______of The Indian Constitution A. 44 9. The book second treatise is written by ______A. John Locke 10. The Book Grammar of politics is written by ______A. Harod Laski RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014

1/5 LLB : II Semester SPECIAL CONTRACTS

I. Define indemnity. What are the Rights of Indemnity Holder?

II. A. Define sale what is the difference between sale and agreement to sell.

B. Define Partnership and discuss the Law relating to the registration of a firm.

III. Fill in the Blanks 1. Uberrimae Fidei ______

A. One requiring full disclosure of all material facts by the principal debtor or creditor to the surety before the contract is extended in to.

2. Nature of Surety’s liability is co-extensive ______

A. The liability of surety goes along with liability of principal debtor unless and otherwise it is agreed

3. Nemo dat Quod not habet ______

A. No one can convey better title than what he himself has.

4. Agency by Estoppel ______

A. Where a person by his conduct or by words, spoken or written leads wilfully any person to believe that certain state of affairs exists and reduce to act on this belief so as to alter his previous position, he is precluded from denying subsequently, the facts of the state of affairs.

5. Agency by operation of law ______

A. Sometimes agency arises by operation of law, where company informer by its promoter.

6. Delegatus non protest delegare ______A. The person, to whom authority has been given, cannot delegate that authority to another.

7. Just in rem ______

A. Gives right to the buyer to enjoy the goods against the world at large including seller.

8. Just in personam ______

A. Gives a right to the buyer against the seller to sue for damages.

9. Caveat emptor ______

A. Let the buyer beware.

10. Escrow ______

A. Where a negotiable instrument is delivers conditionally for special purpose as a collateral security or to safe custody not for the purpose of transferring absolutely property therein, it is called escrow.

PART-B TOPICS FOR ASSIGNMENT

I. Who is unpaid seller what are the rights of the unpaid seller under the sale of Goods Act, 1930?

II. Define Agency. How an agency can be created?

III. Explain the following Cases

a) Benarjee & Banerjee Vs H.S.W. Construction Ltd. AIR 1986 Cal.374. b) Nepal Food Corpn Vs U.P.I Import & Export Ltd. AIR 1988 Cal.283 IV. Fill in the blanks

1. Payment in due course ______

A. Payment in accordance with the apparent terms or of the instrument in good faith and without negligence to any person, in possession therein.

2. Endorsement means ______

A. Writing of a person’s name on the face or back of negotiable instrument or a slip of paper. 3. Sans recourse ______

A. The holder of the bill may indorse it in such a way that he does not incur the liability of an endorser to the endorsee.

4. Sans Prais Endorsement ______

A. Where an endorses does not what the endorsee or subsequent holder of the instrument to incur any expense on this account on the instrument

5. Negotiation back ______

A. Whereas endorser, after he has negotiated an instrument, again it’s holder before it’s maternity, the instrument is said to be holder.

6. Lien means ______

A. Right of a person to retain possession of some goods belonging to another until same debt or claim of the person in possession is satisfied

7. Factor ______

A. Factor is a merchantile agent entrusted with possession of goods for the purpose of selling them.

8. Doctrine of Ratification ______

A. A person may act on behalf of another without his knowledge or consent as subsequently he gets correct from other person to this act, is called ratification.

9. Lien for expenses ______

A. A partner has a lien on the partnership property for expenses incurred by him on such property on behalf of the firm.

10. Express waiver means ______A. When the contract provides in Express terms that the seller shall not retain possession of goods, even if the price has not been paid, there an express waiver of lien. SEMINAR & CLINICAL LEGAL EDUCATION RECORD

Submitted in partial fulfillment of the Requirement for the award of the Degree of

Submitted By XXXXX (Regd.No.xxxxx) II Semester of 3 Year LL.B.

RAJIV GANDHI INSTITUTE OF LAW KAKINADA – 533 005 RAJIV GANDHI INSTITUTE OF LAW KAKINADA – 533 005

Certificate

This is to certify that ‘The Clinical Legal Education Record’ submitted in partial fulfillment of requirement for the award of the Degree of LL.B. is a record of bonafide work done by xxxxxxxxxxxxxxxxxx, bearing Regd.No. xxxxxxxxxxxxxx during the Second Semester of 3 Year LL.B. under my guidance and that this record has not been previously formed as the basis for the award of any degree, diploma, associate ship, fellowship or similar title.

Teacher – in-charge Principal RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Seminar and Clinical Legal Education 1/3 LLB : Second Semester Part –A Marks – 50 (Seminar write up:25 Marks and oral presentation– 25 Marks) Topics for Seminar 1. Joint Hindu Family and Coparcenary Rights 2. Rights of Hindu Women under Hindu Succession Act 3. Legal Person 4. Precedent 5. President Rule in the States – Article 356 6. Protection of Environment 7. Sustainable development 8. Electoral Reforms 9. Contract of Indemnity 10. Dishonour of a Cheque Note : Oral Presentation before the External Examiner on any one of the above topics and A written record shall also be submitted to the college. Part – B Marks – 50 (Record– 25 Marks and Viva - 25 Marks) Clinical Legal Education - Activities suggested 1. Internship at Advocate’s Office

2. Observation of Court Proceedings in Kakinada Note : A written record shall be submitted to the college on any one of the above.  Seminar and Clinical Legal Education record shall be kept in same record which is to be in a Laminated Bounding in A4 Size along with Certificate from the college. Two copies shall be submitted. One copy shall be submitted to the college well in advance and another copy shall be carried by the student to the viva voce test after getting certificate. RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014

1/3 LLB : II Semester FAMILY LAW –II (Property Relations)

I. Explain the Rules of relating to the property of male dying intestate. II. a) Explain the Rules governing Sunni and shia Law of Inheritance? b) Who are the Class-II heirs? Explain the rules of Succession Applicable to them. III. Fill in the Blanks 1. Sruti means ______A. Which is heard 2. Aprathibanda Daya is also known as ______A. Joint Family property 3. Karta is the ______A. Head of The Hindu Joint Family 4. Antecedent means ______A. Prior or Previous 5. Intestate means ______A. a person dies without making will 6. Heir means ______A. Person entitled to inherit property of the deceased 7. Full Blood relation is ______A. When the father and mother of the two persons are the same, such persons are said to be “full blood relations”. 8. Alienation means ______A. Transfer of property from one person to another by way of sale, gift, lease, mortgage etc. 9. Stridhan means ______A. Women’s Property 10. Pre-emption means______A. Preferential right Part-B TOPICS FOR ASSIGNMENT I. Explain the law relating to Succession of Hindu Female dying intestate. Under Hindu Succession Act, 1956? II. Write a Critical Note on Wills Under Muslim Law. III. Write a Short Notes on a) Coparcenary b) Pious Obligation c) Succession Certificate d) Doctrine of Reversoner IV. Explain the following Cases a) Gurupad Vs Hira Bai AIR 1978 SC 1239 b) Raghavamma Vs Chenchamma AIR 1964 SC 136 V. Fill in the Blanks 1. Marumakkattayam means ______A. Sister’s Son under the Marumakkettayam Law of inheritance 2. Sunni Law is also known as ______A. Hanafi Law 3. Sharers means ______A. Nearest Heirs, who are entitled to distribute the property of Muslim dyeing intestate 4. Distant kindred means______A. Distant relation. In Muslim Law, distant kindred, is a relation of the deceased, who is neither sharer nor a residuary 5. Doctrine of Aul means ______A. Increased the property 6. Testator means ______A. The person who makes a will is called Testator. 7. Codicil means ______A. It is an instrument made in relation to will. 8. Death-Bed -Gift means ______A. When a person makes a gift out of an apprehension of imminent death and dies later. 9. Waqf means______A. Dedication in perpetuity of some specific property movable or immovable by a person. 10. Mutawalli means ______A. A person, who manages the Waqf property. RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014

1/3 LLB : II Semester JURISPRUDENCE

I. Examine the advantages of Legislation over other sources of Law. II. A. Who is a legal person? Explain the uses and purposes of incorporation. B. What is norm and Normative system? Discuss Kelson’s pure theory of Law.

III. Fill in the Blanks 1. Demo tius nil nisi bonum ______A. Dead have no rights and can suffer no wrong. 2. Comitia cara curiata ______A. An assembly of all the bodied persons of the state 3. Sie utera tuo ut alienun non laedus ______A. Use your property in such a way as not to injure your neighbour 4. Ubijus ibi remedium ______A. When there is a right, there is a remedy 5. Malitia supplit aetatem ______A. That the Act was done with the knowledge of its nature 6. Mejestas est summa in cives ac subeditors legibusque soluta protestas ______A. The absolute and perpetual powers within the state. 7 Quoun in verbis nulla ambi gui tas est nom debit admitti voluntatio quaestia ______A. When there is no ambiguity in the words the question of intension ought not to be admitted 8. Salus populy est suprema lex ______A. Regard for the public welfare is the highest Law. 9. Cessante ratione legis cess at ipsalex ______A. Reason is the Soul of the Law, and when the reason of any particulars law ceases, so does the law itself. 10. Injure non remote causa sed proxima spectatur ______A. In law the immediate, not the remote cause on any event is regarded. PART-B TOPICS FOR ASSIGNMENT

I. Define and Discuss the basic Legal concept of reasonableness with reference to Indian Cases . II. Write about the sociological school and its importance of the present day with the supreme Court Decisions.

III. a) Volksgeist b) Stare Decisis c) John Rawls theory of Justice d) Utilitarianism

IV. Explain the following Cases

a) Kesavanand Bharathi Vs State of Kerala AIR 1973 SC 1461

b) Nilabathi Behra Vs State of Orissa (1993) 2 SCC 746.

V. Fill in the blanks 1. Ratio Ratio decidendi ______A. Reason for the decision. 2. Obiter dictum is ______A. An expression of opinion by a judge on a question immaterial to the ratio decindi. 3. Per incuria is ______A. The opinion of the court in a case in which the judges are all of one mind the question involved is so clear that it is not consider necessary to elaborate it by an extended discussion. 4 Res nullius ______A. The property of nobody, things belonging to no one. 5. Res communis ______A. Things common to all by the law of nature 6. Actio personalies moritur cum persona ______A. A personal action dies with the person. 7. Altre ism ______A. consideration for other people without any thought of self as a principle of conduct. 8. Utilitarianisim ______A. That the moral and political rightness of an action is determined by its utility, define as its contribution to the greatest good of the greatest number (the Doctrine expanded by Jermy Bentham) 9. Themistes ______A. Judgments dictated by the god. 10. Finis sinein litibus imponit ______A. A fine puts an end to litigation. RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014

1/3 LLB : II Semester CONSTITUTIONAL LAW -II

I. Write about the powers and functions of the President of India.

II. A. Write about the Doctrine of pleasure under Article .310 of the Constitution of India.

B. Explain the privileges and Immunities of the members of parliament as well as a State legislature under the respective provisions of the Constitution of India.

III. Fill in the Blanks

1. Federalism, this word is derived from the Latin word ______which means ______A. Foedus, Covenant or Agreement or Contract 2. In State of West Bengal Vs. Union of India AIR 1963 Se1241 the Court observed that constitution of India is ______truly federal in character A. Not 3. Article ______deals with Fundamental Duties under Part IV of the Constitution of India A. 51A 4. The President of India is the ______of State and ______Citizen of India A. Head, First 5. To become President of India a person must have completed the age of ______A. 35 Years 6. Article ______of the constitution provide for appointment of the Vice President of India A. Article 63 7. The Vice President of India is elected by the members of an electoral college consisting of the members of ______A. Both Houses of Parliament 8. According to Article ______the Prime Minister is the Head of the Union Council of Ministers A. 75 9. Article 153 of the Constitution of India provides for appointment of ______in each state A. Governor 10. Supreme Court of India is the ______and ______of the constitution A. Final Interpreter, Guardian

PART-B

TOPICS FOR ASSIGNMENT

I. Give a detailed note on Presidents Rule ‘or’ State Emergency under Article -356 of the Constitution of India with relevant Case Law.

II. Write is Basic structure or Basic features of the Constitution of India ? Explain in detail with land mark Cases.

III. Write about the advisory Jurisdiction of the Supreme court of India U/Art-143 of the Constitution of India with relevant Case Law.

IV. Explain the following Shorts questions.

a) Pardoning power of the President of India b) Residuary Powers c) Financial Emergency d) Money Bill e) Elections Commissions of India f) Comptroller and Auditor General of India g) Writ of Habeas Corpus V. Explain the following Cases

a) D.C.Wadhwa Vs State of Bihar AIR 1987.SC 579 b) D.K. Basu Vs State of west Bengal AIR 1997 SC 610 c) Visakha Vs State of Rajastan AIR 1997 SC 3014 VI. Fill in the Blanks 1. List I or the Union list contains ______subjects over which the union shall have exclusive power to make Law. A. 97 2. List II or the State List contains ______subjects over which the State Legislature shall have exclusive power to make Law. A. 66 3. List III or the Concurrent List contains ______subjects over which the union and State Legislature shall have exclusive power to make Law. A. 52 4. According to Article ______, the Parliament is authorised to make a Law for adjudication of any dispute are compliant relating to the use, distribution or control of the waters of any Inter – State Rivers and River Valleys A. 262 5. According to Article ______both centre and states shall have the contingency fund of India. A. 267 6. Article ______provides the scheme of distribution of revenue between the Union and the States. A. 268 7. Article ______provides for the appointment of Finance Commission A. 280 8. Article ______of the Indian constitution grants special autonomous status to Jammu & Kashmir A. 370 9. Article ______deals with privileges of the Central Legislature and Article ______deals with the privileges of State Legislature A. 105, 194 10. According to Article ______of the constitution of India the State or Government is liable for the Torts committed by it servants. A. 300

RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014

1/3 LLB : II Semester ENVIRONMENTAL LAW (Including Laws for the protection of the wild life and other living creatures including animal welfare)

I. Critically analyze the salient features of Stockholm Declaration 1972.

II. A. Explain the evolution and development of Laws relating to Environmental Protection.

B. Discuss the Social and Economic effects of Environmental Problems in India .How far Public Interest Legislation is helpful to solve these Problems

1. Sustainable Development was talked at International level for First Time at ______

A. Stockholm in 1972.

2. ‘Agenda – 21’ a programme for action for sustainable development is connected to ______

A. 1992 Rio Conference / Earth summit

3. Women movement against felling of trees in 1972 Tehri Garhwal District of UP is known as ______

A. CHIPKO MOVEMENT

4. ______Amendment was passed in year ______and provisions regarding the protection of Environment were incorporated into it.

A. 42nd Amendment, 1976

5. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country is in Art______

A. 48-A

6. Connection on Biological Diversity was conducted in ______A. 1992

7. Kyoto Protocol to the United Nations Framework was on ______

A. Climate Change / Global warming

8. National Environment Tribunals were established under ______

A. The National Environment Tribunal Act 1995

9. CRZ Stands for ______

A. Coastal Regulation zone

10. NCE PC Stands for ______

A. National Committee on Environmental Planning (NCEP)

PART-B TOPICS FOR ASSIGNMENT:

I. Explain the following Shorts questions.

a) Environment Courts b) Biological diversity c) Chipko Movement d) Forest Conservation e) Water and Noise Pollution

II. Explain the following Cases

a) M.C.Mehata Vs Kamalnath ( 1997) I SCC 388. b) Olga Tellis Vs Bombay Municipal Corporation ( 1985) 3 SCC 5 45. c) Rural Litigation and Entitlement Kenada, Deharadun. Vs. State of UP (1985) ‘SCC 487. III. Fill in the Blanks

1. Connection on the Conservation of Migratory species of wild Animal 1979 is also known as ______

A. BONN Convention

2. Pollution free Environment is a fundamental right under Act ______

A. Art 21

3 ______is the part of the surface of the earth and atmosphere which is inhabited by living beings.

A. Bio sphere

4. Depletion of Ozone Layer (O3) is causal by ______

A. Cloro fluorocarbons also known as Halo carbons,

5. ______impasses duty on every Citizen of India to protect and improve natural environment.

A. 51 A (g)s

6. In Vellore Citizen welfare forums Vs Union of Indian and others ‘AIR 1996’ Supreme Court layed principles of Sustainable development ‘they are ______

A. Precautionary Principles ‘&’ Polluter pays principles ‘

7 Union Carbide Corporation Vs Union of India and other AIR 1990 SC 273 , The facts of this case are Relates to ______

A. Bhopal Gas Disaster

8. The forest (Conservation) Act was enacted in the year ______

A. 1980.

9 Noise pollution on the ground of religion by drums or loudspeakers cannot disturb the pace of others decided In______

A. Church of God (Full gospel) In India Vs KKR Majestic Colony welfare Association and others Air 2000.SC

10. Environmental Tribunals are established under ______

A. National Environment Tribunal Act 1995.

RAJIV GANDHI INSTITUTE OF LAW, KAKINADA INTERNAL EXAMINATIONS: 2013 -2014 (Regulations: 2013-2014) Academic Year : 2013-2014

1/3 LLB : II Semester SPECIAL CONTRCTS

I. Define indemnity. What are the Rights of Indemnity Holder?

II. A. Define sale what is the difference between sale and agreement to sell.

B. Define Partnership and discuss the Law relating to the registration of a firm.

1. Uberrimae Fidei ______

A. One requiring full disclosure of all material facts by the principal debtor or creditor to the surety before the contract is extended in to.

2. Nature of Surety’s liability is co-extensive ______

A. The liability of surety goes along with liability of principal debtor unless and otherwise it is agreed

3. Nemo dat Quod not habet ______

A. No one can convey better title than what he himself has.

4. Agency by Estoppel ______

A. Where a person by his conduct or by words, spoken or written leads wilfully any person to believe that certain state of affairs exists and reduce to act on this belief so as to alter his previous position, he is precluded from denying subsequently, the facts of the state of affairs.

5. Agency by operation of law ______A. Sometimes agency arises by operation of law, where company informer by its promoter.

6. Delegatus non protest delegare ______

A. The person, to whom authority has been given, cannot delegate that authority to another.

7. Just in rem ______

A. Gives right to the buyer to enjoy the goods against the world at large including seller.

8. Just in personam ______

A. Gives a right to the buyer against the seller to sue for damages.

9. Caveat emptor ______

A. Let the buyer beware.

10. Escrow ______

A. Where a negotiable instrument is delivers conditionally for special purpose as a collateral security or to safe custody not for the purpose of transferring absolutely property therein, it is called escrow.

PART-B TOPICS FOR ASSIGNMENT:

I. Who is unpaid seller what are the rights of the unpaid seller under the sale of Goods Act, 1930?

II. Define Agency. How an agency can be created?

III. Explain the following Cases

a) Benarjee & Banerjee Vs H.S.W. Construction Ltd. AIR 1986 Cal.374.

b) Nepal Food Corpn Vs U.P.I Import & Export Ltd. AIR 1988 Cal.283 IV. Fill in the blanks

1. Payment in due course ______

A. Payment in accordance with the apparent terms or of the instrument in good faith and without negligence to any person, in possession therein.

2. Endorsement means ______

A. Writing of a person’s name on the face or back of negotiable instrument or a slip of paper.

3. Sans recourse ______

A. The holder of the bill may indorse it in such a way that he does not incur the liability of an endorser to the endorsee.

4. Sans Prais Endorsement ______

A. Where an endorses does not what the endorsee or subsequent holder of the instrument to incur any expense on this account on the instrument

5. Negotiation back ______

A. Whereas endorser, after he has negotiated an instrument, again it’s holder before it’s maternity, the instrument is said to be holder.

6. Lien means ______

A. Right of a person to retain possession of some goods belonging to another until same debt or claim of the person in possession is satisfied

7. Factor ______

A. Factor is a merchantile agent entrusted with possession of goods for the purpose of selling them.

8. Doctrine of Ratification ______A. A person may act on behalf of another without his knowledge or consent as subsequently he gets correct from other person to this act, is called ratification.

9. Lien for expenses ______

A. A partner has a lien on the partnership property for expenses incurred by him on such property on behalf of the firm.

10. Express waiver means ______

A. When the contract provides in Express terms that the seller shall not retain possession of goods, even if the price has not been paid, there an express waiver of lien.