PENOLOGY AND VICTIMOLOGY

1. Various penologists, thinkers, jurists and lawmakers have been advocating various
reforms in the prison system across the world. It is now widely accepted that
punishment alone fails to reform the wrongdoer. It must be accompanied by some
methods to motivate and mould the behavior from bad to good and from wrong to
right. In light of the above, explain in detail the various measures that have been
adopted by the Indian government to alleviate the reformative and rehabilitative
approaches of penology.
2. Consider the following situations:
Situation I involves a young woman who routinely walks home late at night from 1
her job through a high-crime neighborhood, even though she has been warned by
friends and family about the potential danger. One night, she is unfortunately mugged.
Situation 2 involves an elderly man living alone who, despite warnings from the
community about a series of home invasions, refuses to install any home security
system or lock his doors at night. He becomes a victim of a burglary.
Based on the Victim Precipitation Theory, how might the actions of these individuals
have contributed to their becoming victims of crime? What could be the implications
of blaming victims for the crimes committed against them. How does this theory
impact our understanding of crime prevention and criminal justice? Moreover, explore
how Victim Precipitation Theory might differ when applied to various types of crime
(e.g., property crime vs. personal crime, white- collar crime, cybercrime, etc.).
3. Write short notes on (Any Two) of the following.
a. Explain the role of probation and parole within the penal system. How do these
forms of punishment differ from imprisonment?
b. Describe the role of victim compensation and restitution in the criminal justice
system. How do these mechanisms aim to address the harm caused to victims?
c. Object of Punishment
d. Significance of victimology in the study of crime and criminal justice
4. Shayam had been convicted for committing a theft and was sentenced to 2 years of
imprisonment. After completing his prison term, he returns home only to find himself
being isolated by his family and friends. He cannot find a job, is taunted by passes by
persons and is finding it extremely difficult to deal with this situation.
 a) Is Shayam a criminal or a victim? Why?
b) What is the role of punishment? Which theory of punishment do you think is the
most appropriate one?
5. Mr X is a young law graduate who has recently been appointed as the public
prosecutor in the sessions court. He is excited and enthusiastic about his work.
a) Explain in detail the role of a public prosecutor in the criminal justice system?
b) What according to you are the major drawbacks of our criminal Justice system?
c)What changes would you suggest to improve the same?
6. Victim is one of the vital element in administration of Criminal Justice System. In the
light of this statement critically examine the role of victims in Indian Criminal Justice
System with reference to Victims of Crime and Indian Constitution and Criminal
Procedure Code. Elaborate your answer with apt judicial pronouncements.
7. “Punishment must be based upon the gravity of harm and impact caused by the
offence.” Critically examine the efficacy of different punishments. Give suggestions
for increasing the efficacy of different types of punishments.
8. “The line of demarcation among the theories of punishment is so thin that they cannot
be completely separated from each other”. In the light of this statement, critically
examine the different theories of punishments.
9. Write Short Notes:
a. Rights of the victim: Indian and International Perspective
b. Theories of victimology
10. ‘Public prosecutors are not independent of the executive, and are unable to perform
their professional duties and responsibilities without any interference by the
executive.’ Critically evaluate the statement and suggest solutions to maintain the
independence of public prosecutors.
11. Critically evaluate the theories of victimology with special emphasis on the victim
precipitation theory.
12. Critically evaluate the rethinking of the need of Capital Punishment in India. Explain
the constitutional validity of the Capital Punishment in India, elaborate your answer
with judicial stance towards the Capital Punishment in India.
13. Critically examine the victim compensation scheme in our country and explain the
judicial approach towards the same.
14. Mr. Rajesh and his son Mr. Ketan were detained by a police officer and kept in a
police station on the ground that they both argued with the police officer. When Mr.
 Rajesh’s friends and family members went to the police station, they heard screams
emanating from inside. On the very next day, Mr. Rajesh’s friends and family
members came to know that the father and the son were admitted to the government
hospital because of severe injuries. Upon reaching the hospital, they found that Mr.
Rajesh and Mr. Ketan succumbed to their injuries. In the given scenario, state the
remedies available to the family members of the deceased against the police.
15. ‘ABC’ was serving sentence for a crime punishable with 3 years’ imprisonment. Due
to family emergency, ‘ABC’, with the help of his lawyer, applied for parole however,
his application was rejected by the prison authorities. In this backdrop, answer the
following questions.
a) What are the grounds for rejection of the application of parole?
b) Whether there is a violation of legal right of ‘ABC’?
c) What are the remedies available to a prison inmate on rejection of the application
for parole by the prison authorities?
Explain your answer with the support of apt case laws and examples.
16. Mr. 'A' is an influential political leader. He was convicted by the Court for spreading
enmity between different groups on the ground of religion. Now, he is serving an
imprisonment of 3 years. After completion of one year, twice he submitted
applications for release on parole, and both the times, his parole leave was granted.
Mr. 'B' is a labourer and co-inmate of 'A'. He is also serving the same punishment.
Seeing A's case, B also applied for parole but his application was rejected.
17. In this background, answer the following questions:
a) Can 'B' approach the appropriate court for parole leave?
b) Explain the lacunae which exists in the Parole system in India.
18. Critically evaluate the role of prosecutors in the Criminal Justice System in India. CO
19. Ms. 'J' is 22 years old and a victim of sexual and physical abuse. She heard about the
victim compensation scheme but does not know all the details of the scheme and the
process for a claim. Guide her in getting the benefit of the scheme.
20. “Certain victimologists blame that victims are responsible for their own
victimisation”. Discuss this statement in light of ‘Victim Precipitation Theory and
elaborate your answer with apt examples and case laws.
21. How are the rights of victims protected in India? Do you think that the existing legal
mechanism is adequate to address the issues faced by the victims of crime? Justify
your answer with help of relevant examples.
22. Write short notes on the following:
a) Victim Typology
b) Old Penology & New Penology
23. ‘The line of demarcation between the theories of punishment is so thin that they
cannot be completely separated from each other.’ Justify.
24. ‘In India, there is a lack of uniformity and consistency in awarding the death penalty.
Most of the time death penalty is substituted by imprisonment of life.’ In light of the
given statement, answer the following questions:
a) What is the utility of death penalty in the contemporary era?
b) Can the death penalty be substituted by imprisonment of life?
25. ‘Parole was granted to ‘A’. During his release, ‘A’ violated the parole conditions. The
Parole Officer reported the violations to the prison authorities.’ In the backdrop of the
given facts, guide the prison authorities to take action against ‘A’.
26. ‘R’ is 21 years old. He was accused of stealing a gold ring and was convicted under
the section 379 of the Indian Penal Code. He was sentenced to suffer rigorous
imprisonment of 18 months and pay the fine of Rs. 500. The decision of the lower
court was challenged in the High Court and ‘R’ requested the court to give him
benefits of probation but the High Court dismissed the appeal. Hence, ‘R’ approached
the Supreme Court. Considering the age of the accused, the Supreme Court asked a
probation officer to submit a report where it was found that the appellant has
committed similar thefts at several times but those were undetected.
27. With the help of given facts answer the following questions:
a) What are the grounds available to ‘R’ in order to substantiate the claim for
probation?
b) On what ground the Supreme Court can reject the benefits of probation to ‘R’?
28. ‘XYZ’ is a victim of rape. A friend of ‘XYZ’ informed her about the Central Victim
Compensation Fund (CVCF). She is in urgent need of monetary relief.
Help her to complete the procedure in order to get the benefit of the CVCF.
29. Analyse Suresh v. State of Haryana (AIR 2015 SC 518) with the help of IRAC
method.
 COPYRIGHT

1. In a function organized for Gokuldhaam Society, the residents chose songs of the
singer Funijit Singh to perform in front of the Society members only for a non- profit
purpose. Decide whether the members of the society have infringed the rights of
Funijit Singh with the help of suitable legal provisions of the Indian Copyright Act,
1957 and case laws related to exceptions to infringement of copyright.
2. Mr. A owns and operates Pony Networks of channels and has acquired a licence from
the "Australian Cricket Board" (ACB) to broadcast and communicate the ongoing
matches there to audiences in the territories of India, Pakistan, and Bangladesh. Mr. B,
who owns and operates the VSPN Network of Channels, started broadcasting the
same matches after a 2-minute lag, for which the licence was only given to Pony
Networks to broadcast. Identify the rights of Mr. A that are being infringed in the
scenario added to the Copyright Act by the 2012 amendment by relying on different
legal provisions and case laws.
3. Write short notes on (Any Two) of the following.

a) WIPO Copyright Treaty

b) Copyright Board

C First owner of copyright

d) The subject matter of copyright

4. Discuss why copyright is called as a bundle of rights. Explain the various subject matter of
Copyright under the Copyright Act, 1957 with legal provisions, examples and case laws.

5. What is an infringement of Copyright? Explain the essential elements Of Copyright

Infringement with the help of case laws with special reference to Literary and Dramatic work.

6. Ronaldo is a M.Phil. student in the University. Ronaldo is pursuing his research under the
guidance of Dr. Messi. Ronaldo is in the regular process of submitting original research
contributions to Dr. Messi for his perusal and after which, both (Ronaldo & Dr. Messi)
publish the research in a reputed journal.

Recently, Ronaldo came to know that one of his manuscripts is published by Dr. Messi in the
journal without his name on it. As an IP expert Ronaldo has approached you for possible
remedies available in the situation. On the basis of the above situation, discuss the remedies
available under Copyright Act, 1957 with suitable examples and case laws.

7. KB is an independent media platform that was using the videos of AT NEWS agency for
reporting purposes. AT NEWS agency sued KB media platform for using the video clips of
the recording for violation of rights under the Copyright Act, 1957. KB media platform took a
plea of the fair dealing doctrine under the Copyright Act, 1957 as these video clips were used
to critic the certain ongoing news items/ issues.

Discuss the concept of fair dealing in the light of the above situation. Explain the relevant
provisions under the Copyright Act, 1957 with examples and case laws.

8. Write short notes on Any Two of the following:

a. Copyright (Amendment) Act, 2012

b. Authorship and ownership of Copyright

c. Difference between Assignment and Licensing of Copyright

d. Economic and Moral Rights

9. Rex wanted to develop a computer software and discussed the information regarding
software with Julia. Rex wanted to explore proper Intellectual Property protection. Julia later
on developed the software and applied for the protection under Copyright Law. Rex was
surprised to know the development of Software.

Rex has approached you for appropriate consultation over the situation. As an IP expert you
are required to provide Rex the information on the various acts amount to Copyright
Infringement along with examples and case laws.

10. Prof. Z, a faculty at a renowned university, has prepared a manuscript of a book. He

dictated the content of the manuscript to his stenographer who took down the notes
and then typed it. On one hand Prof. Z claims to be the sole author and owner of
copyright in the book having invested intellect, sufficient skill and labour. On the
other hand the stenographer also claims to be co-author for having typed the entire
manuscript. In light of the given facts, discuss the subject matter of Copyright in
question and the concept of author and ownership under the Copyright Act, 1957. Is
Prof. Z entitled solely to the Copyright of the Book? Support your answer with
relevant case laws.
 30. Discuss why copyright is called as bundle of rights. Explain the various subject
matter of Copyright under the Copyright Act, 1957 with legal provisions examples
and case Laws.
31. What were the changes brought about by the Copyright (Amendment) Act, 2012?
Analyse the need and importance of the changes brought about by the amendment.
32. Write Short Notes (Any two)

a) Registration Process of Copyright

b) Acts do not constitute Copyright Infringement

c) WIPO Copyright Treaty, 1996

d) Copyright Societies

20. A private organization hired Mr. A for preparing a booklet for the product description
which that organization was manufacturing and selling Mr. entirely prepared the booklet and
submitted to the organization for which the organization paid Mr. A considerable amount of
money, which was agreed. Who will be the owner of the copyright in this situation? Also in
the light of above situation explain the concept of author and ownership under copyright law
along with suitable case laws.

21. "The good news is that India's IP system is aligning with the international IP ecosystem
more than ever before, positioning the economy as a promising global innovation hub."-
Fransis Gurry, Director General, WIPO (2019) In light of above statement discuss the
development of Indian Copyright International copyright framework.

22 Steven has discussed an idea of software development with Anna some time back. Steven
completed the software development and started using it. Later Anna has developed the
software taking inspiration from the discussion with Steven and launched it. Steven claimed
copyright infringement in the software. Discuss various acts of infringement and available
remedies that are mentioned in Copyright Act, 1957 with help of case laws.

23. Mr. Q wants to cinematographic film as he has that kind of money for investment He has
approached you for legal consultation on the intricacies of the copyright. law in hiring of
various artists and performers who will contribute for his film. In light of the above situation,
explain to Mr. Q the various subject matter of copyright that are involved in filmmaking
along with legal provisions. Support your explanation with suitable examples and case laws.
24. Write Short Notes (Any two)

a) Copyright Society

b) International conventions related to Copyright

c) Copyright (Amendment) Act, 2012

d) Fair use doctrine

25. Mr. A is teaching at a renowned University. Mr. A wants his students to get a compilation
of study material. Mr. A copy some research papers from the open source platform, prepare a
brief prologue and table of contents, and send the compilation for photocopying to the
University photocopy center. Students purchase the compilation at the cost of the
photocopying.

Discuss the concept of infringement in the above mentioned situation with the help of
suitable examples and case laws.

26. George has discussed an idea of creating a software based video game character
RAAVAN with Bob and Shelly. Later, Bob has written a software based on discussion and
created a character named as G-ONE. George has approached you for identifying possible
remedies under Copyright Act, 1957. On the basis of above situation discuss the possible
remedies available under Copyright Act, 1957 with suitable examples and case laws.

27. Mr. Z, an independent content creator, has prepared a manuscript of a novel. He dictated
the content of the manuscript to his stenographer who took down the notes and then typed it.
On one hand Prof. Z claims to be the sole author and owner of copyright in the novel having
invested intellect, sufficient skill and labour. On the other hand the stenographer also claims
to be co-author for having typed the entire manuscript.

In light of the given facts, discuss the subject matter of Copyright in question and the concept
of author and ownership under the Copyright Act, 1957. Whether Mr. Z is entitled solely to
the Copyright of the novel? Support your answer with relevant case laws.

28. "The good news is that India's IP system is aligning with the international IP ecosystem
more than ever before, positioning the economy as a promising global innovation hub."-
FransisGurry, Director General, WIPO (2019) In reference to the above statement discuss
development of Indian Copyright law in the light of International copyright framework.
29. Short notes: (Any two)

a) Copyright Boards

b) Fair Use Doctrine

c) Copyright (Amendment) Act, 2012

d) Minimum standards of protection under Berne Convention

 JPIOS

1. Consider the following title, provision and illustration in respect of Section 153 of the
Indian Contract Act, 1872 dealing with one of the duties of bailee.
Title: (Section 153) Termination of bailment by bailee's act inconsistent with
conditions
Provision: "A contract of bailment is voidable at the option of the bailor, if the bailee
does any act with regard to the goods bailed, inconsistent with the conditions of the
bailment."
Illustration: "A lets B hire a horse for his own riding. B drives the horse in his
carriage. This is, at the option of A, a termination of the bailment."
In light of the above Title, Provision and Illustration, Firstly, identify the interpretative
difficulties that arise here applying the literal rule of interpretation.
Secondly, demonstrate the effective application of the General Clauses Act, 1897
while arriving at the desirable interpretation overcoming the interpretative difficulties
arising through application of literal rule of interpretation.
2. Following are the four instances in relation to the concept of 'document'. Identify in
each one of them whether the same can qualify to be termed as 'document' within the
meaning of Section 3 (18) of the General Clauses Act 1897. Justify your view in light
of the essential elements required to be present as per the definition aforementioned.
Instances:

1) Poetry written by a freedom fighter in prison scratched through a piece of metal on the
walls of prison barrack.

2) Bar code on the conspicuous place of the outer body of a mobile phone.

3) A person about to die after having stabbed brutally in isolation, writes with his blooded
finger on the floor of the room, the name of the person who stabbed.

4) Pen drive carrying the digital signature of a director of the company.

3. What is judicial creativity? Discuss the tools and techniques of judicial creativity with
specific reference to the Constitution of India.
4. Discuss the application of harmonious rule of construction of statute while interpreting
'fundamental rights' and 'directive principles of state policy' in light of landmark
judgments.
5. What are various external aids of interpretation? Discuss in detail any three cases
where parliamentary history of a legislation is used by the judges to arrive at the
legislative intent.
6. Evaluate the significance of 'Preamble as an internal aid of interpretation. Also, explain
how it aids and assists the interpreters while construing the provisions of the statute.
7. Write short notes. (Any Two)
a. Intent of legislature
b. Objectives of the General Clauses Act, 1897
c. Epistolary jurisdiction
d. Judicial creativity vs judicial overreach
8. Make a critical appraisal of 'judicial activism' as a tool for judicial creativity.
Demonstrate the instrumental use of judicial activism with specific reference to the
provisions under Part III of the Constitution of India.
9. Make an appraisal of the significance of 'legislative intention' in judicial process.
Discuss any 2 instances where courts actually gathered the legislative intent to meet
the ends of desirable interpretation.
10. Facts: Betel leaf (Piper betel) is a creeper grown in India. It belongs to the pepper
family. Its waxy green, heart-shaped leaves are used for medicinal and culinary
purposes. When crushed, it exudes a cool peppery scent. It's used in making a famous
dessert called 'Paan. The Sales Tax Act of Bihar lays down that 'leafy vegetables' will
be exempted from imposition of sales tax. A retailer selling betel leaves contended that
the same should be exempted from sales tax since it comes under the definition of
'vegetables. Locate the rule which you would rely on for arriving at a decision in this
case.
Based on the above facts, firstly, identify the question of interpretation involved in it
and secondly, suggest the most appropriate rule of interpretation that can be
subscribed for arriving at the desirable interpretation. Support your view in light of
the decided cases.
11. Following is the definition of the Document. Interpret the definition carefully, applying
the literal rule of Interpretation and answer specifically whether the instances given in
the question can be construed as the document or not and why? Definition of
 document: "Document" shall include any matter written, expressed or described upon
any substance by means of letters, figures or marks, or by more than one of those
means which is intended to be used, or which may be used, for the purpose of
recording that matter."
Instance No. 1: QR code given on the conspicuous place of the product containing the
manufacturing details of the product.
Instance No. 2: Literature written by a prisoner on the walls of the prison barrack
scratched by a piece of metal.
12. Discuss the meaning and nature of Judicial Process. Also identify the factors that can
potentially impact the judicial process.
13. Legislation is a codified source of law, hence precise and clear being in language. If it
is so, then what is the need of statutory Interpretation? Discuss at least three important
dimensions, that supports the significance of Interpretation of statues not only as a
scientific process but also as an art.
14. “Judicial restraint is not a concept mathematically opposite to that of judicial
creativity, in fact, judicial restraint is yet another dimension of judicial creativity itself
where judges think not to create but to refrain therefrom.” Make a critical appraisal of
this statement in light of the landmark cases where judges have used the restraint as a
tool in judicial process.
15. What are the canons to interpret welfare laws? Discuss the method of liberal
interpretation which is very much instrumental while construing the welfare laws.
16. Doctrine of severability, doctrine of eclipse, doctrine of basic structure, interpretation
of fundamental rights and directive principles of state policy are the few instances
where we can see significantly the invoking of one cardinal rule of interpretation.
Identify correctly, which rule of interpretation do you find reflected in these
constitutional doctrines? Elaborate your answer with relevant cases.
17. The foremost purpose of the General Clauses Act, 1897 is to avoid superfluity of the
language and to the extent possible seek unification of all central laws by providing
some common definitions. Examine through the scheme of the General clauses Act,
how this objective is realized.
18. Discuss Hydon's rule of interpretation. Do you think in modern context the rule laid
down in 1584 still holds good or it has accumulated in to an archaic rule and out of use
now? Substantiate your views in light of relevant illustrations and case laws.
19. Discuss the concept of the preamble as an internal aid to interpretation. Give at least
two references to case laws and thereby discuss how the preamble was instrumental in
construing that statute effectively.
20. What are various external aids to construction? Explain with relevant illustrations the
way they are subscribed to arrive at a ideal interpretation of a statute.
21. Examine the definition of document as defined under the General Clauses Act,1897.
Does the definition hold good in light of electronic documents? Examine the
consistency of the definition of document with the definition of the same under Indian
Evidence Act, 1872
22. Write short notes on Any Two of the following;
a) Definition of ‘good faith’ under the General Clauses Act 1897
b) Definition of ‘Affidavit’ under the General Clauses Act 1897
c) Illustration as an internal aid of interpretation.
d) Literal rule of interpretation
23. “Judicial Activism and Judicial Restraint are not anti-thesis of each other Rather the
concept of judicial restraint is yet another facet of judicial creativity where the judges
opted for not to be so active in the situation where it is not acceptable at all.”—
Discuss.
24. Explain the rule of Harmonious Construction with at least three illustrations where the
application of rule is demonstrated by the courts. Discuss the concept of internal aids
of interpretation. Explain in detail any three internal aids with illustrations and cases
where judges have actually taken the help of internal aids to arrive at a desirable
interpretation.
25. What is Judicial Process? Make an appraisal of creativity in judicial process with
specific reference to Provisions Part III of the Indian Constitution.
26. Ramlal is an old farmer with a cardiac history. He was under a continuous anxiety as to
distribution of property amongst his survivors after him in his absence. While
cultivating the land, one day he started feeling chest pain and suddenly fell down from
the tractor. There was no one in his vicinity to hear his call for the help and immediate
medical attention. Owing to his past experience of his own heart problem he realized
soon that it was a severe heart attack an he about to die. In this situation, he writes on
the mud-guard of the tractor something about his ‘will’.
He writes on the dust accumulated on the mud-guard the following in his local
language Marathi, the translation of the same is as follows;
 “After me, my entire self-acquired agricultural land is to be given to my elder son as
he looked after me during my ill health. My Self-acquired home in the city to be given
to my younger son as he is working there and my savings in fixed deposit to be given
to my only daughter”. After Writing this he puts his signature just below and also a
thumb impression and eventually dies.
However, his younger son and daughter is not happy with the distribution of property
and contend that what he wrote on the mud-guard cannot be construed as a ‘document’
within the meaning of Indian Evidence Act 1872 and General Clauses Act 1897. The
court is also supplied with the photograph of the mud-guard of the tractor.
In light of the above facts, evaluate the mirroring of all essential elements of the
definition of ‘document’ under section 3 of Indian Evidence Act 1872 and The General
Clauses Act 1897.
27. As mandated by Govt. Notification some directions concerning COVID-19 and
thereby regulating the entry of students in educational institutions on campus were
displayed at the conspicuous places in the college. Amongst several directions one of
the directions contains, “Entry without the mask is strictly prohibited in campus and
anyone who is found without wearing the mask will not be allowed to enter the
premises”.
One student finding the loophole in drafting came to the premises wearing scary
‘Halloween’ mask covering his face that he had purchased during festival of Holi. He
was not allowed to enter the college as he was without the proper mask. However, he
contended that the direction displayed on the campus only says about wearing of mask
and as per dictionary meaning what he was wearing was the mask. The directions
nowhere stipulate that the mask should be a surgical mask or a N-95 mask. But, owing
to disciplinary grounds he was not allowed to enter the premises. Having hurt from
this, he seeks some guidance on the interpretation of statute.
On the backdrop of the above factual matrix, you are required to identify, whether you
will adhere to ‘textual’ interpretation or ‘contextual’ interpretation.
Finally, how you will fix the interpretation issue involved in this case as the textual
interpretation will benefit the student, whereas, contextual interpretation supports the
disciplinary action taken by college against him.
28. “The judge, even when he is free, is still not wholly free. He is not to innovate at
pleasure. He is not knight-errant roaming at will in pursuit of his own ideal of beauty
 or of goodness. He is to draw his inspiration from consecrated principles.” Explain the
above statement with reference to the methods of judicial process and their limitations.
29. Benjamin Cardozo stated that “what concerns us now however is not the size of the
gaps. It is rather the principle that shall determine how they are to be filled, whether
their size be great or small. The method of sociology in filling the gaps put its
emphasis on the social welfare.” In the light of the above statement. critically discuss
the transition in judicial role from merely filing the legislative gaps in the law to
satisfying the social needs with relevant case laws.
30. Make a critical appraisal of the concept of judicial creativity in judicial process.
31. Discuss various tools and techniques that have been used by Indian Judiciary to
demonstrate creativity in context of constitutional interpretation.
32. Liberal interpretation is less a rule of interpretation and more a method of
interpretation. In context of this explain the concept of interpretation of welfare laws.
Give proper illustrations in support of your explanation.
33. Examine harmonious rule of construction. Give three illustrations with particular
reference to Indian Constitution where the rule is very effectively invoked to arrive at a
harmonious conclusion.
34. Discuss the nature and purpose of The General Clauses Act 1897. How Section 3 of
the Act which gives some general definitions, helps in achieving this purpose? Support
your answer with any one definition.
35. Discuss the efficacy of internal aids to construction. Explain various internal aids of
construction and the way they are used in the process of statutory interpretation.
36. Courts have contested the use of logic as a method of interpretation. Some eminent
judges countered it favoring experience over logic. However, Cardozo identifies the
shortcomings of the experience. Discuss the significance of logic as a method of
interpretation
37. What are various external aids to construction? Explain with relevant illustrations the
way they are subscribed to arrive at a ideal interpretation of a statute.
38. What is judicial restraint? Is this concept different altogether from judicial creativity?
Substantiate your view in light of relevant cases.
39. Write a short note on any two of the following;
a) Definition of ‘act’ under the General Clauses Act 1897
b) Definition of ‘document’ under the General Clauses Act 1897
c) Epistolary Jurisdiction
d) Preamble of the Constitution of India as an aid for constitutional interpretation.
 COMPANY LAW

1. The directors are the brain of a company. They occupy an important position in the
structure of the company. The position of director is defined by the functions and
duties which s/he discharges and that determines whether he is a director or not.
Critically comment on the position, powers and liabilities of the stated in the
Companies Act, 2013 along with relevant case laws. Director as
2. "The auditor is intended for the protection of shareholders and the auditor is CO
expected to examine the accounts maintained by the directors with a view to inform
the shareholders of the true financial position of the company. The directors occupy a
fiduciary position in relation to the shareholders and in auditing the accounts
maintained by the directors, the auditors act in the interests of the shareholders who
are in the position of beneficiaries."
With reference to the above statement, analyze the role and responsibilities of the
auditors as per the Companies Act, 2013.
3. Explain in detail the Scheme of compromise and Acquisition as mentioned under the
Companies Act, 2013.
4. Critically comment on Majority Powers and Minority Rights with special reference to
Foss v. Horbottle. Further, comment on Class Action and its significance to maintain
corporate governance in India.
5. Explain various types of meetings as mentioned in the Companies Act, 2013. Further,
briefly explain the prerequisites to conduct a meeting with relevant provisions and
case laws.
6. Explain various modes of Winding Up as described under the Companies Act, 2013
and the Insolvency and Bankruptcy Code, 2016.
7. Write short notes. (Any Two)
a. Proxy in the meetings and its powers
b. Powers of Security Exchange Board of India under the SEBI Act, 1992
c. Resident Directors
d. The concept of Cross Border Merger
8. Mr. Ramesh, Promoter and Managing Director of India First Ltd., is one of the
pioneers of FinTech business in India. His company is recently listed as a Unicorn by
Bharat Today 2023 financial report. But two of the Independent Directors of India
First Ltd. alleged that Mr. Ramesh has manipulated the company's accounts 3 and has
 taken bank loan and advances. They also allege that Mr. Ramesh has misled the
shareholders at its Annual General Meeting. The Board of Directors has called for a
meeting to decide on the further course of action.

You, being the Legal Counsel for India First Ltd., are asked to advise the Board on the
relevant provisions of the Companies Act 2013 on procedure to conduct a board
meeting, powers of the Board of Directors, and resolutions to be passed in the board
meeting in this scenario.
9. Mr. YZ is an appointed auditor of the KYC Manufacturing Co. Ltd. On 10th March
2023, the Board of Directors conducted a general meeting to decide the remuneration
of Mr. YZ and the expenses incurred by him in connection with the audit of the KYC
Manufacturing Co. Ltd.
Mr. YZ has submitted the declaration of independence to the audit committee as per
the requirements of the Companies Act, 2013. In addition to providing the auditing
services, Mr. YZ has also provided the services of accounting and book keeping to
KYC Manufacturing Co. Ltd.
With reference to the above-mentioned facts, discuss the role and duties of Mr. YZ as
an auditor as per the Companies Act, 2013 and evaluate the functions of Mr. YZ
performed with regard to KYC Manufacturing Co. Ltd with special reference to the
non-audit services.
10. Write short notes on Any Two of the following.
a. Critical analysis of Foss v/s Harbottle (1843) 67 ER 189
b. Compulsory Winding up
c. Scheme of Merger and Acquisition under the Companies Act, 2013
d. Insider Trading
11. Explain the rule laid in Foss v Harbottle. Are there exceptions to the rule in Foss v
Harbottle. Critically evaluate the applicability of rule in the Indian context. Elaborate
your answer with landmark judicial pronouncement.
12. Critically examine the power, duties, and responsibilities of the company liquidator
mentioned under the Companies Act, 2013 with the help of relevant provisions and
case laws.
13. Define the term ‘merger’. Critically examine the procedure to be followed by a
company while effecting mergers under the Companies Act, 2013. Elaborate your
answer with apt case laws.
14. ‘It is important to maintain transparency in the affairs of the company and the
Companies Act, 2013 requires companies to maintain proper books of accounts’.
In view of this statement, comment on the provisions under the Companies Act, 2013
in relation to maintenance of accounts in a company as per the standard accounting
principles.
15. ‘An auditor in a company is a watchdog'. Critically evaluate the statement.
16. ‘A meeting to be called valid meeting, it must be properly convened and required
quorum should be there.’ In light of this statement, explain the procedural
compliances to be made by a company in calling AGM. Support your answer with apt
case laws.
17. Saket was appointed as a Director of Texon Ltd in the last Annual General Meeting of
the company and later he resigned from his office. The Board of Directors of Texon
Ltd filled up the casual vacancy by appointing Mr. Sundarlal at his place. But within a
few days of appointment, Mr. Sundarlal died. Now the company wants to appoint a
Rudrappa in the vacancy created. Advise the company. Discuss the provisions of the
Companies Act, 2012 relating to filling of casual vacancy in the company Board.
18. Rajveer Public Ltd. Company wants to convene an Annual General Meeting and to
prepare an explanatory statement to be annexed with the notice of the meeting.
Annual Audit Report has to be approved in AGM, Mr. Shyam Sharma is an auditor of
a company he has been instructed to prepare annual audit reports and Mr. Raju
Rastogi is a Company Secretary of the Company, he has been instructed to prepare
explanatory statements and Notice.
Considering the above factual matrix, apply the relevant provisions under the
Companies Act, 2013 about the Duties of the Auditor and role of Company Secretary
in preparing proper audit report, notice and explanatory statement
19. Write short notes on the following:
a. The appointment, role, and remuneration of the Independent Director of a
Company.
b. Women Director
20. Explain the terms ‘compromise', ‘arrangement' and ' reconstruction'. What are the
powers of a tribunal with regard to enforcement of its order sanctioning a compromise
and arrangement?
21. Write short notes on Any Two the following:
a) Voluntary Winding Up

b) Types of Directors

c) Audit Committee

d) Prevention of the Oppression and Mismanagement

22. The Board of Directors of Merchant Pay Ltd found some financial irregularities on
the part of their Managing Director of the company. They appointed an external
independent auditor PKC consultancy to make further probe of these irregularities.
On completion of the probe, PKC consultancies found that the Managing Director,
Mr. Abhishek has misused funds of the company. Subsequently he was removed by
the Board of Directors on proven financial irregularities which he challenged in Court
of Law stating that the due process was not followed.
Guide Mr. Abhishek with the process under the Company Law for disqualification
and removal of Directors. Also analyse relevant powers of the Board of Directors and
the process required to remove any director from the company as per Companies Act,
2013.
23. “The auditor is intended for the protection of shareholders and the auditor is expected
to examine the accounts maintained by the directors with a view to inform the
shareholders of the true financial position of the company.
24. The directors occupy a fiduciary position in relation to the shareholders and in
auditing the accounts maintained by the directors, the auditors act in the interests of
the shareholders who are in the position of beneficiaries”
With reference to the above statement, analyze the role and responsibilities of the
auditors as per Companies Act, 2013.
25. Explain various types of Meetings under Companies Act, 2013. Further, briefly
explain the prerequisites to conduct a meeting with relevant provisions and case laws.
26. The Liquidator hasthe responsibility to critically investigate accounts, to examine
facts and interest of stakeholders. A liquidator’s role is to fully wind up the company
an bring the company’s affairs to an end in a justified manner.
Critically explain role of Liquidator's Role in Winding Up as prescribed under
Companies Act, 2013 with relevant case laws.
27. Critically comment on Majority Powers and Minority Rights with special reference to
Foss v. Harbottle. Further, comment on Class Action and its significance to maintain
corporate Governance in India.
28. Write Short notes:
a. Insider Trading Regulation
b. Powers of Security Exchange Board of India under SEBI Act 1992
29. Forex Ltd is a company in which there are 9 shareholders. Can Mr. Stalin who is a
member of the company holding less than 1/10th of the share capital of the company
apply to the tribunal for relief against oppression and mismanagement?
It is contented that the directors of the company have misused their position in making
certain inter-corporate deposits which are not in the interest of the company. Will the
tribunal entertain an application with such allegations? Advise.
30. Archlon Public Ltd. Company wants to convene an Extraordinary General
31.
32. to discuss and take decisions on certain important matters. As a part of procedural
requirement the company has to prepare an explanatory statement to be annexed with
the notice of the meeting. Mr. ABC is a Company Secretary of the Company, he has
been instructed to prepare explanatory statements and Notice.
Considering the above factual matrix, apply the relevant provisions under the
Companies Act, 2013 about the role of Company Secretary, the essentials of valid
Notice and Explanatory Statement.
33. Critically examine the powers of Securities Exchange Board of India and the
highlights of Insider Trading Regulations made by SEBI. Explain in detail with the
help of relevant provisions & case laws.
34. “Directors are the brain of the company, if the brain is functioning well, the company
functions well”. In light of this statement, discuss the position, functions, powers, and
duties of the Directors under the Companies Act, 2013. Elaborate your answer with
apt judicial pronouncements.
35. What is meant by ‘oppression’ and ‘mismanagement?’ Critically evaluate the role of
the Central Government and the NCLT in prevention of oppression and
mismanagement under the Companies Act, 2013. Elaborate your answer with
landmark judicial pronouncement.
36. Evaluate the statutory provisions regarding ‘compromise’ and ‘arrangement’.
Analyzethe role of the tribunal in allowing a compromise or arrangement to take
effect.
37. “Meeting in a company must be duly convened, properly constituted and conducted
otherwise it will not be valid”. In light of this statement explain the types of meetings
and procedure to be followed with respect to meetings under the Companies Act,
2013.
38. Explain the Voluntarily Liquidation/Winding-up of the company. Evaluate the
legislative mechanism governing the Voluntarily Liquidation/Winding-up under the
Insolvency and Bankruptcy Code, 2016. Elaborate your answer with appropriate
judicial pronouncements.
39. Write short notes on the following:
a) Define merger. Explain the procedure to be followed by a company while effecting
mergers under the Companies Act, 2013.
b) Elaborate the powers of the NCLT in approving the scheme for amalgamation or
reconstruction under the Companies Act, 2013.
40. Evaluate the 'just and equitable grounds' for winding up of acompany with the help of
case laws
41. Write short notes on Any Two of the following:
a) Remuneration of Directors
b) Appointment of Women Director
c) Types of Mergers
d) Audit Committee
42. XYZ Ltd. is going to conduct an Annual General Meeting and preparing an
explanatory statement to be annexed to the notice of the meeting. As a Company
Secretary suggest relevant provisions as mentioned in the Companies Act, 2013 to
write the content of notice and explanatory statement.
43. Critically analyze the relevant provisions describing Powers to be exercised by Board
with and without the consent Shareholders under the Companies Act, 2013. Do you
find the balance in giving powers to Directors as per the Act to maintain corporate
governance?
44. "Corporate restructuring should aim at single common objective to eliminate the
disadvantages and combine the advantages of different companies." Comment on the
statement hwhich supports the given statement.
45. A liquidator has a fiduciary position in relation to any property of the company, and
s/he is in the position of a 'statutory trustee'. Discuss the position of liquidator in
compulsory winding-up and voluntary winding-up of the company.
46. Two shareholders brought suit against ABC Ltd. in the Tribunal to remove Mr. Navin,
a director of the company as he is involved in ultra vires act. Do shareholders have
powers to file suit in the Tribunal on the grounds of oppressional mismanagement? Is
the suit maintainable?
47. Critically analyse the fact given with reference to Majority Powers and Minority
Rights with special reference to Foss v. Harbottle. Explain powers of Tribunal as
enumerated under Sec 243 and 244 of the Companies Act, 2013.
48. Unpublished Price Sensitive Information is not meant for disclosure to the larger
public. The information is sensitive and can impact the stock market prices. Trading
on the basis of price sensitive information will be treated as insider trading. Comment
with reference to concept of Insider Trading along with relevant regulations.
49. “The role and position of an Auditor is very crucial to maintain transparent and fair
financial disclosure in the company in the interest of stakeholders and economy of the
Nation.” Comment with respect to recent scams that have taken place in India. Also
discuss the Rights, Duties and Liabilities of Auditors.
50. Explain various provisions relating to Appointment, Removal and Disqualifications of
Directors as enumerated in the Companies Act, 2013.
51. “The legal and ethical conduct of meeting is important to keep alive Corporate
Democracy in the Company.” Comment with reference to various types of meetings
under Companies Act, 2013.
52. Critically comment on Growth of Securities Market in India. Discuss legislative
development in India and the role of SEBI in regularity Securities Market in India.
Analyse powers of SEBI as mentioned in the Act.
53. “Prevention of Oppression and mismanagement is one of most significant right of the
member of the company.” Comment with special reference to Class action suits.
54. Elucidate on the manner of maintaining books of account in companies under Section
128 of the Companies Act. Critically comment on the disclosure of Financial
Statements as expected under Section 129 of the Act.
55. ABC Ltd was incorporated on 15th March 2012. There were 11 directors and
subsequently by passing a resolution in the Board of Directors meeting 6 more
directors were appointed as rotational director of the company. The Articles of
 Association of the company provided for the powers of the Directors. In 2015 the
shareholders in the company felt dissatisfied with the way the directors were
performing in the company and the shareholders do not approve of what the directors
are doing. The Shareholders in the General meeting of the company intervene in
respect of two matters which were delegated to the Board of Directors. Evaluate the
position of the Directors of the company and the right of the shareholders in
intervening in a matter within the powers of the directors of the company under
section 179 of the Companies Act 2013.
56. “Independent directors perform very important role in a company and their position
cannot be undermined”. Critically evaluate the statement.
57. Freyas Ltd could not conduct its Annual general meeting of the company as required
under the companies Act 2013. The company has also failed to place its financial
statements and books of account before the Board of Directors for the approval of the
Financial Statements although the same was ready and available with the company.
Freyas Ltd had sought an extension for holding the AGM from the Central
Government however the request was rejected.
Subsequently the company held its Annual General meeting with a delay of 7 months
and also placed the books of account before the members of the company. The
company files an application for compounding the violations committed under the
companies Act under Section 441 read with section 96 and 129 of the Companies Act
2013 read with Sections 166 and 210 of the Companies Act 1956. Should the
application filed by the company and its directors for compounding violations, be
allowed? Justify your response.
58. Critically evaluate the provision relating to conducting an Extraordinary general
meeting in a company with the help of case laws.
59. ‘MDH Ltd.’ was incorporated with the main object to provide ‘Raw Material’ to
different business organizations as per the demand and requirement. In given problem
MDH Ltd was a supplier of raw material to DMH Ltd. The ‘DMH Ltd.’ could not
make payments to MDH Ltd. due to huge loss and financial constraints. Ultimately,
the winding proceeding initiated against the DMH Ltd. as per the provisions of
Companies Act, 2013 and the Company Liquidator was appointed. ‘MDH Ltd.’filled
suit for recovery of its dues from The DMH Ltd. The court had passed decree in
favour of MDH Ltd., with theorder passed, MDH Ltd. approached to the Company
Liquidator and claimed the payment of the amount due from DMH Ltd. as per the
 decree passed in their favor, in preference to the over dues of workmen of DMH Ltd.
The workmen of DMH Ltd. started protest against the claim made by MDH Ltd. and
contended that their dues against the DMH Ltd. are of the rank of pari
60. passu with the secured creditors and should be paid off prior to the other creditors
including the MDH Ltd., besides the fact that decree has been passed in favour of the
MDH Ltd.
You are required to ascertain the validity of contentions of the workmen of DMH Ltd.
in light of provisions of the Companies Act, 2013, concerned Companies Rules,
Regulation and judicial precedents.
61. Explain the Voluntarily Liquidation/winding-up of the company. Evaluate the
legislative mechanism governing the Voluntarily Liquidation/winding-up under the
Insolvency and Bankruptcy Code, 2016. Elaborate your answer with appropriate
judicial pronouncements.
62. The tribunal has wide powers to wind up a company on ’just and equitable grounds’
which is used judiciously by the courts. Evaluate the statement with the help of
decided cases.
63. Critically evaluate the role of the auditor in company with regard to good Corporate
Governance. Explain the statutory powers, duties and rights of the auditor under the
Companies Act, 2013.
64. 5TIFLA and HOLA are subsidiaries of Una Ltd, a Multinational company.Both these
companies were manufacturers of soaps, detergents and toiletries. As TIFLA was
incurring losses from last 5 years, its Board of Directors decide amalgamate their
company with HOLA, which was a more prosperous company in the same field of
activities and the proposal was accepted by HOLA. The scheme of amalgamation was
accepted by the Board of Directors of both companies, a large majority of
shareholders, debenture-holders and others. However, 2 shareholders of TIFLA
holding a nominal percentage of shares and 2 workers unions and others opposed the
scheme of amalgamation on various grounds of statutory violations, procedural
irregularities of provisions of the companies Act, under valuation of shares including
preferential allotment on less than market price to the multinational company which
was against public interest. On preferential allotment of shares to Una on less than
market value, the Tribunal held that HOLA was already the holder of 51% shares
before any allotment, therefore the allotment at lower price which placed them at par
with the same holding was neither illegal nor violative of public interest. If you are to
 decide this matter as a judge in the matter in appeal, what would be the considerations
you would take and how would you decide the case?
65. The tribunal plays a very important role during the amalgamation or merger of
companies. With the help of decided case laws evaluate the role of Tribunal in
amalgamation and mergers of companies.
66. Write notes on any 2:
a) Role of auditors in companies to prevent frauds.
b) Maintenance of proper accounts in companies.
c) Foss v Harbottle [1843]2 Hare 461 ER 189.
d) Remuneration of Directors in a company.
67. Q.3 Discuss the statutory provisions under the Companies Act related to 'arrangements"?
What is the role of courts in case of arrangements?
68. Write notes on:
a) Voluntary winding up by creditors
b) Insider trading
69. What is the significance of maintaining proper accounts in the companies? What are the
statutory rights and duties of an Auditor in a Company?
70. Write notes on:
a) Audit committee
b) Filing Annual Accounts
71. Discuss the importance of meetings in a company. Evaluate the provisions related to Annual
General Meetings in Companies.
72. Meetings have to be properly convened and conducted. Discuss.
73. ?
74.
75. OR
76.
77. Q.1 Discuss the provisions related to the appointment of a director in a company? What are
the provisions under the Companies Act related to vacation of office of a director?
78. Annual General Meetings serve a very important purpose in a company. Critically evaluate
the statement.
79. Meetings have to be properly convened. What are the provisions related to the proper
convening of meetings in a company?
80. Discuss the procedure to be followed in case of merger of companies and the power of the
court in case of mergers and amalgamation.
81. Discuss the provisions related to voluntary winding up of a company. What are the powers of
liquidators at the time of winding up of a company?
82. Write notes on:
a) Role and powers of SEBI
b) Company Secretary's role position and powers in a company
83. Discuss the role of directors in a company. What are the duties of a director in a company?
84. Write notes on:
a) Oppression of members in a company
b) Just and equitable grounds to wind up a company
85. Discuss the powers and duties of Directors.
86. What are the different kinds of directors? Explain the provisions relating to appointment of
Directors under the Companies Act
87. Explain the significance of preparation of accounts in companies.
88. What is the role of auditors under Companies Act? Discuss the rights and duties of auditors in
a company
89. Discuss the provisions relating to Annual General Meetings under Companies Act.
90. Write notes on:
a) Appointment of Proxies for meetings
b) Extra-Ordinary General Meeting
91. Discuss Majority Rule as laid down in Foss v Harbottle. What are the exceptions to Majority
Rule?
92. What are the different kinds of winding up? Discuss the provision relating to winding up
by the Tribunal.
93. Write notes on:
a) Powers of the liquidators
b) Role and duties of Company Secretaries
94. What is Insider Trading? Discuss the highlights of the Regulation on Insider Trading.
95. Write notes on following topics.
a) Voluntary winding up by shareholders of a company
b) Contributories in case of winding up
96. Discuss the position of Auditors in a company and examine the appointment, powers, role and
disqualification of an auditor.
97. Discuss the provisions relating to the appointment of a director in a company. What are the
provisions ions under the Companies Act relating to vacation of office of a director?
98. Discuss the different kinds of directors in a company. What is the position of a director in a
company?
99. 'Majority has its way but minority has its say'. Comment on the statement
100. Elaborate upon the convening the Annual General Meeting under the Companies Act.
101. It is an elementary principle under the company law that court will not interfere with
the internal management of the companies so long as the management is acting within the
powers conferred. Enumerate the powers of the Tribunal to prevent Oppression and
mismanagement in the company.
102. Who can apply to the court for compromise or arrangement? What are the powers of
the High Court with regard to enforcement of its order sanctioning a compromise
or arrangement?
103. Elaborate the provisions relating to Annual General Meetings under the Companies
Act.
104. Write notes on the following topics.
a) Procedure to be followed in case of company mergers
 b) powers of the court in case of reconstruction or amalgamation of companies.
105. Discuss the provision relating to prevention of oppression and mismanagement under
Companies Act with the help of decided cases.
106. Discuss the provision relating to compulsory winding up of a company. What are the
powers of liquidators at the time of winding up of a company?
107. Write notes on the following topics.
a) Powers of SEBI
b) Insider trading
108. Write notes on:
a) Boar Meeting
b) Company Secretary
109. Write notes on:
a) Role and Powers of SEBI
b) Purchase of minority shareholding
110. Write notes on:
a) Insider Trading
b) Contributories in winding up
111. Elaborate the procedure to be followed by a company in case of compromise and
arrangement. What is the role of the Tribunal in the process and what are the points that the
Tribunal will bear in mind while sanctioning a scheme of arrangement?
112. Q.1 Directors play a key role in the management of the company. Discuss the
position, appointment and qualifications and disqualifications of directors under the
Companies Act, 2013.
113. Explain the rule of majority in the light of Foss v Harbottle. How far is the Rule of
Majority relevant in India?
114. Who is an auditor? Elaborate the provisions relating to rights, duties and liabilities of
an auditor under Companies Act, 2013.
115. Discuss the powers and duties of a liquidator in case of winding up of companies.
116.
117. "Every meeting in order to be valid must be properly convened, properly constituted
and properly conducted". Evaluate the statement in the context of company meetings.
118. Enumerate and discuss the powers of the directors in a company.
119. Evaluate the duties of directors in a company. Discuss the provisions relating to
related party and disclosure of interest under Companies Act, 2013.
120. Discuss the provisions relating to appointment and removal of Directors under the
Companies Act, 2013.
121. "Annual General Meeting is the only way that a shareholder exercises effective
control in a company." Illustrate and explain.
122. Write notes on:
a) Appointment of Independent Directors
b) Appointment and powers of auditors in a company
123. Discuss the provisions relating to Voluntary winding up of a company.
124.
125. Briefly discuss the circumstances under which the Tribunal can wind up a company.
llustrate with case laws the circumstances under which the Tribunal can wind upa company
under 'just and equitable grounds.
126. Write notes on:
a) Amalgamation of companies in public interest
b) Insider trading
2016 SEM VI -2018 SE 6