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Paper IV :DOmeat1TcracieLaw '14 "V ?OU,
Roll No...............................
.,.
Total No. of Questions-lO] [Total No. of Printed Pages-2
Time Allowed-3 Hours Maximum Marks-lOa
RRL
Answer all questions.
Marks
1. Write any two of the following: 11
(a) Discuss, l?-°w the powers and jurisdiction of the National Commission are
wider than the power and jurisdiction of the District Forum or the State
Commission.
(b) A District Forum constituted under the Consumer Protection Act ,has held
- that a particular clause in the agreement shall not be binding on the flat
purchaser. Can such direction be within the powers of that Consumer Court?
(c)
Respondent in a complaint filed by the consumer did not raise the. o.bjection
of limitation. Discuss if the question of limitation can be examined in such
case.
OR
Several flat purchasers have entered into an agreement (Sale deed) with a developer 11
firm to purchase flats in a scheme. The developer has completed the scheme and
has formed a society. . .
However, a Dispute erupts. The flat purchasers call upon the developer firm to
execute final conveyance and to complete the scheme. The allegatlonis that there
is deficiency in services rendered by the firm. The developer firm refuses. The
society prefers a complaint before a Consumer Forum seeking sevEi)ralreliefs alongwith
. the direction to complete the scheme.
Discuss as to whether a Complaint instituted by a society on behalf offlat purchasers
is maintainable before Consumer Forum.
If yes, why?
If no, please explain.
RRL P.T.O.
J
(2)
Bit,Ll CTW 18l'"T'! Marks
a.quo.>,.. ;
2. Discuss. 12
,. The fctiT. d~aling doctrine sEnNiJ elt8«CQi~af;r~J!:Iitrariness.
, ,t: " -/ OR
.
~
Which are the basic principles governing Law of Copyright? 12
3. Discuss the exceptions to the rule that author of the Copyright material is the 8
first owner?
OR
To say that the copyright is a negative right will be only a half truth. Discuss. 8
4. Is the' Bar of Limitation for taking cognizance of the Offence absolute? 8
5. Section 5 of the Environment (Protection) Act aims at strengthening the powers 11
conferred upon the Central Government under other provisions of the Act. Discuss.
6. The normal rule of burden of proof is that one who comes to Court has to prove 13
his case. The Essential Commodities Act, 1955 makes a significant departure from
this. Discuss.
OR
Write notes on the following:
(a) Objects and scope of the Essential Commodities Act, 1955. ,61/
2
(b) Offences by the Companies under the Essential Commodities Act, 1955. 61/
2
7. Explain the object of Trade Mark Law and write a note on the nature and functions 10
of Trade Mark.
8. Explain the consequences of a finding against the Patentee under Section 25(3)(a). 12
OR
Power of the Central Government under the Patents Act which can overshadow 12
the Patentee's rights.
9. Write a note on Hazardous Substance Regulation under the Environment (Protection) 8
Act, 1986.
10. Point out the points of distinction between the absolute grounds and relative 7
grounds of refusal of registration.
RRL