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Master of Business Laws (MBL) I year
Supplementary 2011 Examination ‐ Key Answer : CONTRACT LAW‐30.12.11
PART A:
Answer all Questions. Each Question carries 20 marks [3x20=60 marks]
Q1. Sachin Navelkar is football Player. He has been playing for Mass Union [MU], the best football
club in India, for the last 3 years. While he was a fantastic attacking player, his dedication to the
team was suspect, and very often he had failed to help out MU’s defenders. This had led
several football critics, including Mickey Thomas, MU’s manager to criticise Sachin, but to no
avail.
South Warriors [SW], is the richest football club. It wished to buy Sachin, and promised to pay
him double the wages that MU are currently paying. As a result, Sachin requests MU to
terminate his contract with them, and sell him to SW. There is a contract subsisting between
MU and Sachin, under which he is bound to play for MU for the next 3 years. Hence, MU rightly
refuses to sell him to SW. This upsets Sachin greatly, and he looks for some way out of the
situation. He consults his legal advisors, who inform him that MU is perfectly entitled to refuse
to sell him. Sachin, desperate to find some way out of the situation, speaks to Mickey, the
Manager of MU, asking that MU should raise his salary to the level promised by SW, failing
which he would refuse to play for MU. In addition, Sachin also promised that he would play a
more active defensive role too, and would show more dedication to the team. MU has a fairly
strong team, and Sachin was far from essential for the team plans. However, there were some
crucial games coming up, and Mickey thought that it would be safer to have the option of
Sachin, even if he was not essential. As a result, he reluctantly agreed to double Sachin’s salary.
The football season continued, and MU reached the finals of the Champions League, India’s
biggest club football competition. However, MU lost the finals, partly due to a very poor
performance by Sachin. Mickey was very upset with the team, and, in particular with Sachin. He
refused to pay him the raised salary, insisting on paying only the salary contained in the original
contract. Sachin was deeply offended, and decides to go to Court.
Advise MU on the grounds:
That Mickey agreed to raise the salary of Sachin without his free will and consent, hence the
raise is not binding upon MU;
That Sachin has committed material breach of the contract by not giving his 100%
commitment in the games played by MU;
Whether Sachin with the help of South Warriors attempted to induce breach of contract;
Whether such a conduct would make Sachin liable to pay damages for breach of contract;
Whether an action for specific performance of contract could be brought against Sachin.
Key Answer: ‐ Essential of Offer and Acceptance
Consideration for variation in contract
Specific performance of contracts and exception to this remedy
Variation in contractual terms: Liability
Damages for Breach of Contract: Types of Damages
Liability for inducing breach of contract: Are such agreement against Public policy
Wayne Rooney case
Q2. Mr.Camfield was a partner in a motor business firm named Camfield Associates. The partners
requested the Bank of South India to provide their business with an overdraft facility of Rs 30
lakh. The Bank agreed, provided the partners executed a charge over their houses. Mr. and
Mrs. Camfield jointly owned their matrimonial home. Mrs Camfield, duly agreed to execute the
charge but did so under the impression, as the result of an innocent misrepresentation by the
husband, that the maximum liability under the charge would be Rs 15 lakh only. That
misapprehension was not corrected by the Bank Officials who were advising her, even though
the effect of the legal charge was to charge her beneficial interest in the house with an
unlimited liability to meet the debts of the partnership, in which she had no financial interest.
Later on, after the overdraft was sanctioned, due to recession in the automobile industry, the
business of Camfield failed and the Bank of India commenced proceedings against the
Camfields. Mrs.Camfields wants to avoid her liability as not being a partner in the partnership
firm; she should not be made liable for the debts of the firm. Further the overdraft granted by
the Bank was utilised for the business of the firm and not the matrimonial home hence Mrs.
Camfield cannot be made liable under the same contract. Further Ms. Camfield wants to set
aside her liability under the grounds of undue influence, misrepresentation and lack of legal
advise. Advise Mr and Mrs. Camfield.
Key Answer: ‐ Sec. 126 ICA
Rights of surety
Doctrine of Subrogation
Discharge of surety: by variance
Husband and wife: Jointly liable or under contract of Guarantee
Wife Undue Influence: Liability of a surety
CIBC Mortgages v Pitt
Barclays’s Bank case
Q3. Mr. Clarke carried on business in photographic goods at his Home. He later on started a
partnership with Miles, also a photographer. The partnership was registered on 1/2/04. The
partnership deed stated that both the partner shall share profits and loss in the ratio of 50:50.
In 2006, the partners had disagreement and decided to dissolve the partnership. There was a
major disagreement on the division of property of the firm. Miles claimed that the place [home
of Mr. Clarke] was also partnership property and hence the same must also be divided amongst
partners. Clarke claimed that the property had not be transferred as partnership property and
hence the same cannot be a subject matter of dispute between the partners. In light of the
above facts discuss the following issues under the Partnership Act, 1932:
a. What constitute a partnership property?
b. What are the rights of partners on dissolution?
c. What is the difference between dissolution of firm and dissolution of partnership?
d. Can Miles claim division of the property in question?
Key Answer: ‐ Partners property and Firm’s property
Profit and sharing of the same by the partners
Miles v Clark
Dissolution of firma and dissolution of partnership: Without court/With the
permission of the Court
Rights after dissolution
Part B.
Answer any four questions. Each question carries 10 marks. [4x10=40 marks]
Q1. With the help of case law, highlight the different ‘authority’ of an Agent
Key Answer: ‐ Sec. 182, 188, ICA,
Customary Authority
Actual authority: Expressed or Implied
Apparent or ostensible authority
Turquand rule
Authority by virtue of a position held
Authority to Sub‐Delegate
Q2. ‘Enforceability of E‐contract in India is not solely governed by the Indian Contract Act’. Justify the
statement
Key Answer: ‐ Basic principle of Contract as applicable to E‐Contract
Sec. 11‐13 of the IT Act 2000
Originator and Addressee
Case law/click wrap and shrink wrap
Q3. Examine the difference between Gratuitous bailment and bailment for reward
Key Answer: ‐ Sec. 148, Essential for Bailment
Case law on Gratuitous bailment
Duty to disclose faulty‐Liability as different between the two.
Q4. Examine the general principles applicable to ‘standard form of contract’
Key Answer: ‐ Reasonable notice
Difference between contract and receipt
Theory of fundamental breach
Strict construction
Rule of contra proferentem
Q5. Evaluate the ground of ‘coercion’ for setting aside the obligations in a contract
Key Answer: ‐ Sec. 16 ICA
Chikkammaamiraju case
Ranganayakamma case
Duress/Economic Duress
Remedies
Q6. Examine the ‘doctrine of frustration’ as applicable under the Indian Contract Act
Key Answer: ‐ Sec. 56 ICA
Krell v Henry
Taylor v Caldwell
Limitation to the doctrine
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M.B.L.PART - I SUPPLEMENTARY EXAMINATION (DEC.) 2011
BANKING LAW & PRACTICE
KEY ANSWER
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b. The legal nature of the demand draft
Marking of cheques is a process where the cheque is handed over to the banker
(upon whom the same is intended to be drawn) and he would mark the same.
This is an indication that the same will be honored certainly, if presented for
payment
‘marking’ of cheque is very much popular in US and certain parts of Europe.
However, today in India is not in vogue.
Can ‘marking’ of cheque be taken as ‘acceptance’ for payment by the banker and
will that change the ‘cheque’ into ‘bill of exchange’? is an interesting question
The answer is NO.
The practical aspects of the marking of cheque may also be explained.
b. Crossing of cheques.
4. Who is paying banker and what are his obligations and protection available
under the law?
The banker who is expected to make the payment on the instrument (i.e., cheque)
or simply the person on whom the cheque is drawn is known as paying banker
he is protection under the following section
o Ss. 10, 85 and 89
Simple terms he is protected as long as he makes payment in due course
Explaining the payment due course
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5. Write short notes on the following:
a. Banking ombudsman scheme in India;
i. ‘banker is a privileged creditor’ – in some special sense the customer is also privileged
in some sense
ii. The banker is obligated to maintain the secrecy of the customers accounts
iii. ‘…the duty to maintain secrecy is an added obligation or an exception to the general
rule that the relationship between a banker and the customer is that of a debtor and
creditor…’
iv. May be it has woven in to the banking tradition from time immemorial
v. All employees and officers of the bank have to sign and submit a declaration of fidelity
and secrecy at the time of their joining service
vi. The Exceptions
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1. Where the disclosure is under compulsion of law;
2. Where there is a duty to the public to disclose;
3. Where the interests of the bank require disclosure; and
4. Where the disclosure is made with the express or implied consent of the customer
vii. Some specific reference to the disclosure under the Banking Regulation Act.
6. Examine the nature and validity of the following documents with reasons:
a. 'Pay Rameshan amount of Rs.5000, sixty days after the arrival of the ship Victory
at Mumbai'
Not a valid instrument as there is condition attached.
b. 'I promise to pay on demand a sum of Rs.20,OOO at my convenience'
Not a valid instrument as there is no certainty with regard to the payment
c. 'I promise to pay the bearer a sum of Rs.5,OOOon demand'
Not a valid instrument again, as there is acceptance to make payment, but no
acknowledgment of debt
d. 'Rs.10000 balance due to you and I am indebted to pay on demand'
Not a valid instrument as the sum specified is not certain.
e. 'I promise to pay Anand Rs.10,OOOand all fines according to rules' .
Again a case where, there is no certainty of sum.
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE
Master of Business Laws (MBL) I year
2011 Supplementary Examination ‐ Key Answer : Corporate Law‐01.01.2012
Liability arises, when the Company is a going concern or in the event of Winding up. The
quantum limited by the nominal value of the shares and the premium, if any, agreed at the
time of allotment.
The quantum limited by the Guarantee clause in the MOA,(Details see Section 13(3)).Not
liable only in respect of debts incurred by the company after the person concerned ceased
to be a member.
The nature of the liability –the same as that of a member of a Guarantee Company. But
there is limitation on the quantum of liability.
I. b) Private Company
I. d) Refer section 16
MOA overrides the provisions of AOA in case of conflict between the two. But a
harmonious construction to be adopted. The task of the court shall be to validate the
provisions of these two documents. (If possible).
Table ‘A’ articles can be read as part of the articles of the Company:-
(a) In respect of matters which are not dealt with by Table A articles.
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(b) Also those provisions of Table ‘A’ which are not inconsistent with the provisions of
Table A But the Articles of a Company may provide that Table A articles shall not apply
to the Company . In such a case Table ‘A’ articles have no application to the articles of
the Company. See section 28.
II b) i) The Partnership firm can institute a suit against the company asking the latter to
change its name. (Tort of ‘Passing off’) and also claim damages.
II b) ii) Yes, they have to comply with the requirements of sections 21 and 23.
II c) The Argument of AP Pvt Ltd. is not valid. Change of name does not affect the
personality of the company. Nor does it affect its rights and liabilities. An application can
be made to the court for change of name of the defendant.
II d) See section 3 (1) (iii) (d) read with section 43 and 45. The company is to be treated
as a public Company with less than 7 members. Hence the members may incur personal
liability for the debts of the company.
The AOA dealing with membership rights and liabilities are contractual terms between
the company and members and members interse. But they are not contractual terms
between the company and outsiders and also between the company and members in
respect of matters which are not dealing with membership rights.
III a) iii) No, All that he can do is to claim damages for breach of Contract if the
alteration affects his accrued rights.
III b)
(1) If the third party has not performed his obligations under the Contract he can plead
that the contract is a nullity and he is not bound to perform such a contractual obligation.
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(2) If the contract is executed by him he cannot sue the company for the discharge of its
obligations under it. But he has certain equitable remedies available against the
Company.
(i) Recovery of Property based on title.
(ii) He can invoke the doctrines of tracing and following
(iii) In certain cases he can invoke the equitable rule of subrogation.
(iv) He may sue those agents of the Company who contracted with him for breach of
Implied warranty of authority provided the doctrine of constructive notice cannot be
invoked against him.
III c) This rule in most cases operate as an exception to Constructive notice. The latter
doctrine imparts knowledge of the contents of the public documents to persons who deal
with the company .If the public documents negatives or imposes conditions on the
authority of the agents of the company, the knowledge of the contents of those documents
will be implied to persons dealing with the company.
But in many cases the public document may not negative the authority. But it may confer
concerned authority to an agent or put limitations on his authority. The question in those
cases is whether the agent has complied with those conditions in the exercise of the
powers conferred on him. The doctrine of mis-management (Turquand rule) provides that
he can assume so and bind the company even though the transaction is unauthorized.
(1) The other party to the transaction has actual knowledge of the irregularity.
(2) ‘Put on enquiry’ cases. The circumstances are such that the person dealing with the
agent of the company ought to have suspected that the transaction is without the authority
of the Company.
(3) Forgery
‘Fraudulent trading’- Directors and others who are parties to the ‘fraudulent trading’ may
be liable to the company liquidator such amount as may be directed by the court. The
liability arises only in the event of insolvent winding up of the company. The liability
under the section is not to the creditor who suffered the loss. The amount realised goes to
the general funds.
Expert’s liability confined only to those statements made by him in writing pertaining to
his opinion as an expert. Further he must have consented to the inclusion of his statement
to the prospectus. For the Available defense see section 63 (2).
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(ii) Damages
(iii) Negligent Misstatement
Against the directors etc:
(1) Damages for Fraud
(2) Section 62
IV c)
i) No, they cannot do. The maximum period shall only be 20 years. See section 80 (5A)
ii) Issue valid- See section 120. Consent of general meeting not required unless AOA
provide. But Board resolution at board meeting necessary. See section 292.
iii) Yes, provided the requirement of Section 81(1) & (1A) are complied with. But special
resolution of general meeting required.
iv) Yes, the Authority from the shareholders through a special resolution required
(Section 293).
The Transferor ‘T’ may pass on title to his title to his transferee T1 by delivery of the
instrument of Transfer deed (without his name being entered therein) along with the share
certificate. This may be repeated by T1 and subsequent transferees during the currency of
the blank transfer. For the currency of the blank transfer See section 108 (1A).The
instrument of transfer shall be attested by the authorized signatory before any entry is
made in it. See section 108(1A).
V b)
i) See Section 173(1) (a) & (b)
ii) The members and legal representatives of deceased or insolvent members, Auditors
Section 172 (2)
iii) See Section 166 (1) and Section 209(3) & (4)
iv) See sections 170 and 176
The statutory right of a member to appoint a proxy to attend and vote at a general
meeting can be modified by the AOA of private company which is not a subsidiary of a
public company.
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V c)
Personal rights are those rights enjoyed by a member which are not amenable to majority
decision. E.g. Right to speak at a general meeting, right to vote at general meeting, right
to receive the dividend, right to move resolution.
Corporate membership rights are those rights enjoyed by a member, in respect of which
he is bound by the majority decision. This is the area where the majority rule prevails.
VI a) ‘No Conflict rule’ is an area dealing with the fiduciary duty of directors and others.
The rule envisages that directors and others shall not place themselves in such a position
that there would be a actual or possible conflict of their personal interest and duty
towards the company. The question here is not whether they have abused their position
but whether there is a chance of abuse of their position. This may arise in the following
situations:-
(1) Contract with the Company
(2) Doing business in competition with the Company
(3) Use of corporate opportunity
Leading case: Regal Hastings v. Gulliver
VI b) i)
Statutory Auditor
(1) Government Co. - The controller and Auditor General of India See section 619.
(2) Private Co. - Members in general meeting at the AGM
- Statutory Auditor’s tenure-From the conclusion of one AGM to the conclusion of the
next AGM.
VI b) ii)
Yes, by the general meeting-See section 224 (7).Previous approval of C.G required for
this.
VI c)
-See section 274
- Additional ground of disqualification’
See S. 274 (3) - Only private Cos which are not subsidiaries of public Cos can prescribe
additional grounds of disqualification.
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VI d) i)
Declaration of solvency
See Section 488.
VI d) ii)
Contributories
Consists of present and past members of a company being wound up. Past members (B
List Contributories) liability arises only in case the amount due on the shares held by
them cannot be realised by the respective ‘A’ list contributories (persons who are the
members of the company at the commencement of winding up). Further if a person was
not a member of the company within a period of 1 year before the commencement of
winding up he cannot be treated as a ‘B’ list contributory.
VI d) iii)
Persons having the locus standi as a member to file a petition for winding up
See Section 439(4).
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE
Master of Business Laws (MBL) I year
2011 Supplementary Examination ‐ Key Answer : INDUSTRIAL RELATIONS LAW‐
02.01.2012
Answer ANY SIX out of the EIGHT questions: (6 x 15 = 90 marks)
1. Explain how registration of Trade Unions is different from recognition of Trade Union.
Key Answer: Registration of the Trade Unions is done at the initiative of Trade Unions.
Registrar of Trade Unions registers the Trade Unions and issues certification
of recognition. Procedures prescribed in Section 4, 5, and 6 of the Trade
Unions and have to be complied (details of Section 4,5, and 6 is to be
contained in the answer) Registration is for the purpose of mainly getting
immunities under the Act and other facilities provided by the Act.
Recognition of the Trade Unions is done by the employer for the purpose of
facilitating effective, collective bargaining. There is no law requiring
compulsory recognition of Trade Unions. Generally, the management and the
Trade Unions enter into an agreement with respect of recognition of Trade
Unions. They also agree on the procedures for recognition of Trade Unions.
2. Explain the reasons for weakening of Trade Union Movement in India.
Challenges posed by Economic Liberalization
• Voluntary Retirement Schemes
• Informalisation of labour and sub‐contracting
• Collectivism to Individualism
• Productivity linked wages
• Legislations covering all most all aspects of Employer‐Employee Relations
• Opening of employment opportunities in new areas with liberalization
• Weakening of Trade Unions
3. Explain the pre‐requisites for effective collective bargaining. Also examine as to what
extent they are present in the Indian scenario.
Key Answer Elaboration on the following points:
- Strong Trade Unions including finances
- Compulsory recognition of Trade Unions
- No multiplicity
- Good faith negotiations
- Good Trade Union leadership
- No unfair labour practices
- Willingness to give and take
- No politicization of Trade Union
Most of the above are absent in the Indian scenario.
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4. Examine the immunities available to a registered Trade Union, with the help of case
law.
Key Answer: The immunities are available only to registered Trade Unions. Section 17 of the
Trade Union confers immunity from criminal conspiracy to registered Trade
Union. Section 18 confers immunity from civil liability in respect of acts done
in furtherance of a trade dispute. The immunities are confined to the objects
of the Trade Union mentioned in Section 15 of the Trade Union Act. Under
Section 17 the very act of the workers going on strike is a breach of contract of
employment. According to the Section 43 of the Indian Penal Code anything
which furnishes a ground for a civil action is illegal. So workers going on strike
i.e. breach of contract of employment gives rise to civil action for damages is
illegal as per Section43.
Two or more workers committing such an illegal act is criminal conspiracy. The
Trade Union Act provides immunity for such conspiracy as long as no offence
is committed. Section 18 is to be explained: by the candidate.
Case Law: 1) Federation of Western Indian Cine Employees Vs. Filmaya Pvt. Ltd
2. Chrandrana Bros vs. K. Venkata Rao
5. Analyse the definition of 'workman' in the Industrial Disputes Act, 1947with the help of
case laws.
Key Answer: The 'workman' definition consisting of meaning part, inclusive part and
exclusive part will have to be explained. The definition does not differentiate
between permanent, temporary etc. Case Laws" H.R. Adyanthaya vs. Sandoz
(India Ltd).‐ Constitutional Bench decisions is to be explained. Also
Sundarambal vs. Government of Goa case also is to be explained. There may
be other decisions in addition to these two, distinction between workman
and contractor also to be explained.
6. Explain what an Industrial dispute is and also when an individual dispute becomes
industrial dispute.
Key Answer: Industrial dispute definition has to be explained. An Industrial dispute can be
raised by plurality of workers. What is the number of workers required to raise
an industrial dispute, it should be substantial numbers of workers or a Trade
Union in the organization. The explanation given to substantial number given
by the Supreme Court must be explained. The term any person used in the
definition has to be explained, using the case law, Workmen of the Dimakuchi
Estate Vs. Dimakuchi. Also they have to refer to the Standard Vaccum Refining
Co. of India Vs. Workmen.
Individual dispute deemed as Industrial dispute, 1965 amendment is to be
explained. In case of individual dispute not covered by deemed industrial
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dispute, the individual dispute has to be exposed by substantial number of
fellow workers.
7. Explain in brief different methods of resolution of Industrial disputes as provided under
the Industrial Disputes Act, 1947.
Key Answer: Trace the method adopted to resolve the Industrial disputes ‐ show the
movement from voluntary settlement to compulsory adjudication of
Industrial disputes. Make reference to authorities provided under the ID Act,
1947. viz, Works Committee, Conciliation (Conciliation Officer and Board of
Conciliation) Court of Inquiry, Grievance Settlement Authority, Arbitration
and Compulsory Adjudication (Labour Court, Industrial Tribunal and National
Tribunal), critical assessment and analysis of working of the system.
8. Explain the definition of 'Strike' under the Industrial Disputes Act. Also explain how
Strikes are regulated under the Industrial Disputes Act.
Key Answer: Explain the definition of strike as cessation of work. It may be partial or total.
It is a concerted action of the workmen. Strikes may be legal or illegal. The
legal strikes are further classified into justified and unjustified strikes.
Regulation of strikes‐refer to sections 22, 23 and 24 of the Industrial Disputes
Act, with brief explanation.
Write short notes on the following (4 x 2½=10marks)
a) Funds of a registered trade union: general fund & political fund ‐ nature of contribution
towards these funds ‐ objects for which these funds may be spent effect upon rights of the
members not contributing to the political funds.
b) Unfair labour practices: Refer to schedule V of the Industrial Disputes Act 1947;
punishment for unfair labour practices; permission before prosecution.
c) Outsiders as office bearers of a registered Trade Union: Section 22 of the Industrial
Disputes ⅓ of the office bearers in organised sector; 50% of the officer bearers in the unorganised
sector; the purpose behind having outsiders; Historical reasons; How the rules of the trade union
must provide for this.
d) Difference between lay‐off and lock‐out: Lay off is in respect to the circumstances
beyond the control of the employer, under circumstances mentioned in the definition of lay‐
off. Laid of employees are entitled for lay‐off compensation. Lay off under the Industrial
Disputes Act is contemplated in the Industrial Establishments.
Lock‐out in a weaken of collective bargaining, available to the employer. It can be total or
partial. It is regulated under the Industrial Disputes Indian Act, Sections 22, 23, 24. Lock
outs and be legal or illegal. Legal lock‐outs can be classified as justified and unjustified.
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE
Master of Business Laws (MBL) I year
Supplementary 2011 Examination ‐ Key Answer : ENVIRONMENTAL LAW‐03.01.12
PART ‐ A
Answer ANY FOUR of the following: (4 x 12 = 48)
1. Examine the Powers of the Pollution Control Authorities. Add a note on reforming the
system.
Powers of the Pollution Control Authorities: Powers of granting consent; launching
prosecutions; issuing orders for closure; giving instructions to other authorities;
inspection, investigation, sampling, analysis and acting on reports and on individual
complaints.
Reforming the system: De‐politicisation; capacity‐building; incentivising better
compliance; restructuring administration by making central authorities policy makers,
state functionaries as technical advisors and local authorities as implementers etc.
2. Analyse the law for management of Municipal Wastes and Hazardous Wastes in the
Indian system.
Background ‐ Basel convention; Almitra H Patel case.
Salient features: conceptualization; Nodal Agency; Process & procedures: segregation,
handling, packing, transport & disposal: problems in relation to each one of these.
3. Discuss the principles of 'polluter pays' and' precaution'.
Polluter pays & precaution: Highlight the following for each:
Describe the principle; its legal status under International Environmental Law and Indian
Law; its application through case law.
4. Discuss the Indian Law on the Protection & Management of Coastal Areas.
International Legal Development: Law of the Sea.
CRZ notifications and Amendments: Activities permitted, restricted, prohibited;
classification: CRZI, CRZ II, CRZ III & CRZ IV
Case law
Add a note on CMZ notification.
5. Examine the law dealing with the Environmental Liability of Corporate Managers
Discuss Sec.16 (offences by companies) and Sec.17 (offences by Govt.
Departments) of E.P.A, 1986– Refer to case law.
6. Discuss the Constitutional concerns and the judicial pronouncements relating to
environmental protection.
Constitutional Concerns: Art.21; Art.48A; Art.51 A(8) – Discuss (refer to Public Trust
Doctrine: M.C.Mehta Case).
Judicial Pronouncements: Discuss cases that have evolved: environmental principles;
provided better tools for implementation; involved issuance of administrative directions;
facilitated accommodation of expert opinions; created institutions of governance etc.
PART ‐ B
7. Write Evaluatory Notes on: (2 x 10 = 20)
a) Rio de Janiero Summit on Environment & Development, 1992;
Discuss the following:
Background Developments from 1972‐1992;
Achievements: Rio‐deceleration; Non‐binding Forestry principles; Treaties on
Biodiversity & Climate change; Agenda 21; Commission on Sustainable
Development.
b) United Nations Environment Programme.
Its genesis; its contributions: treaty –making; capacity‐building; convening conferences
and working on their follow‐up; its current status –vis‐à‐vis CSD, GEF, WTO, UNDP etc.
8. Write short notes on the following: (4 x 8 = 32)
a) Environment Impact Assessment Law;
Application of the principles of precaution and sustainable Development; Discuss &
compare 1994 & 2006 notifications‐highlighting the problems as to the process &
results.
b) Individual's Right to Initiate Legal Proceedings against polluters under the Pollution
Control Laws;
Discuss Sec.49 of Water Act and the limitations of the Right.
c) Trail Smelter Arbitration;
Application of the principles of good neighbourliness and liability for trans‐boundary
harm – discuss the facts of the case and the Arbitral Award.
d) Polluter Pays Principle.
Discuss the concept, legal status of the principle and case law.
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