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5th Sem 2019

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Total Pages-3 B.A. LLB/3Yrs./VS/IPL/5.

1/19

B.A. LLB 3Yrs. 5th Semester Examination, 2019

INTELLECTUAL PROPERTY LAW

PAPER5.1

Full Marks 80

Time : 3 hours

Answer any five questions


The figures in the right-hand margin indicate marks

Candidates are their answers in their


required to give
own words as far as practicable
llustrate the answers wherever necessary

1. (a) What is the role played by the contract of


service and contract for service in deciding
the question of authorship of a work ?

(6) What do you understand by the doctrine of


fairdealing? 10 +6

Turn(ner
2 3

2 What doyou mean by author's special right? 7. (a) What do you understand by opposition of
patent?
(b) Write down the provisions of assignment of
copyright. (6) What the controller will do it he thinks that
the patent should be refused ? 6+ 10
(c) Explain copyright in computer programmes.
6+5+ 5
8. (a) State the reliefs available to a plaintiff for
A a ) Define Intellectual Property.
infringement of patent.
(b) Write down the jurisprudential justification
of Intellectual Property Rights. (b) Which acts are not to be considered as ann
infringement of patent 8 + 8
c) What do you mean by commercial
exploitation of Intellectual property+8 + 6
State the procedure for registration of trade mark
under the Trade marks Act, 1999. 16

(a) What is "Passing off" action ?

(b) Distinguish between passing off action and


action for infringement oftrade mark. 6+ 10

. (a) Write down the acts which are not patentable


under the Patents Act, 1970.

(b) What is colourable imitation ? 10+ 6

B.A. LLB/3 Yrs.VS/AIPL/5.1/19


(Continued) B.A. LLB/3Yrs./VS/APL/5.1/19
MV-45
Total Pages-3 LLB/3 Yrs./VS/LOI/5.2/19

B.A. LLB 3Yrs. 5th Semester Examination, 2019

LAW OF INSURANCE

PAPER-5.2

Full Marks : 80.


Time:3 hours
Answer any five questions

The figures in the right-hand margin indicate marks

their in their
Candidates are required to give answers

own words as far as practicable

Illustrate the answers wherever necessary

1. (a) "Every Contract of Insurance is a Contract


of Utmost Good Faith" - Discuss. 8

(b) Explain how far Law ofAgency and Indemnity


can be applied in Case of Insurance. 8

2. (a) Explain Life Insurance briefly.

(Turn Over )
2 3)

(b) Explain the functions of Life Insurance Explain the Powers and Functions of Insuran
Corporation of India. Regulatory and Development Authority. 16

(a) Explain what is Social Insurance. 8 8. Write short notes on any four of the following
4x4
(b) Explain the characteristics of Fire Insurance. 8 (a) Subrogation
(b) Insurable Interest
(a) What are the different kinds of losses under (c) Household Comprehensive Insurance
Marine Insurance ? 8
(d) Burglary Insurance
(b) What is Voyage Policy ?
(e) Crop Insurance
(c) Discuss the Perils of the Sea. A
) Cargo Insurance.
5. (a) Who can apply for claiming the compensation
under the Motor Vehicles Act, 1988? 10

(b) Explain Third Party Risk under insurance


provided in respecet of Motor Vehicles
Act, 1988.

62) (a) What is Insurance Ombudsman? 6

(b) Discuss "No Fault Liability" under Public


Liability Insurance Act, 1991. 10

B.A.LLB/3 Yrs./VS/LO/5.2/19 (Continued) B.A. LLB/3 Yrs./VS/ALOU5.2/19 MV-450


Total Pages-4 B.A. LLB/3Yrs./VS/PIL/5.3/19
4

B.A. LLB 3Yrs. 5th Semester Examination, 2019


(in Archipelagic waters of an Archipelagic state
(iii) Pacta sunt servanda PUBLICINTERNATIONAL LAW
(iv) Hot pursuit
PAPER-5.3
Continental shelf.
Full Marks 80

Time 3 hours
Answer any five questions

The figures in the right-hand margin indicate marks

Candidates are required to give their answers in their.


own words as far as practicable
Illustrate the answers wherever necessary

Define the International Law.


/1.(a) term

(b) Briefly discuss whether International Law is


a true law or not.

(c) Distinguish between Public International


Law and Private International law. 6+4+6

MV - 450 (Turn Over)


B.A. LLB/3Yrs./VS/PIL/5.3/19
2 3)

2. (a) Briefly discus the theories relating to the (b) "Treaties acquire a prominent place in
relation between International Law and international relations" - Explain its signifi-
Municipal Law. cance with reference to Vienna
special
Convention on law of Treaties. 8+8
(6) "States are primarily, but not exclusively.
The subjects of International Law" - Examine
the statement. 6. (a) Discuss the laws relating to the freedom of
8+8
High seas.
(a) Define state succession.
(b) "The ships of all states enjoy a right of
(b) Elucidate the rights and duties arising out of innocent passage in the territorial waters of
coastal states" - Comment.
state succession. 4+ 12

(c) What do you mean by Maritime Belt?


Aa) Define the term 'Asylum'. Is Asylum a right
Discuss the jurisdiction of Maritime state
of a person Explain.
-

over coastal waters. 6+5+5


(b) Explain the different kinds of Asylum
recognised under the International Law. 7. )(a) Explain the powers and functions of General

(c) Discuss in brief the recent issues relating


Assembly.
to Asylum with special reference to Dalai . (b) What is meant by power of veto in security
Lama or Taslima Nasrin. 5+5+6 council?Explain its merits. 8+8
5. (a) Define Treaty. State the various stages for Write short notes(any wo):
8x2
the formation of a treaty. (1) Corfer channel case

B.A. LLB/3Yrs./VS/PIL/5.3/19 (Continued) B.A. LLB/3Yrs./VS/PIL/5.3/19


Turn Over )
Total Pages-3 B.A. LLB/3 Yrs./VS/IOS &POL
5.4/19

B.A. LLB 3Yrs. 5th Semester Examination, 2019


INTERPRETATION OF STATUTES AND
PRINCIPLES OF LEGISLATION

PAPER-5.4

Full Marks 80
Time 3 hours

Answer any five questions


The figures in the right-hand margin indicate marks

Candidates are required to give their answers in their


own words as far as
prackicable
llustrate the answers wherever necessary

1. "The object of interpretation is to find out the


intention of the legislature." -

Discuss the
importance of legislative intent in interpretation
of statutes.
.16

(Turn Over)
2 3

16 1. Discuss the scope and object of the General


2 Discuss the Hammonious rulewith decided cases. Clauses Act, 1897. 16
Explain the following (any nwo) 8x2
Short notes (any rwo): 8x2
(a) Ejusdem generis a) Doctrine of Colourable legislation
(b) Noscitur a sociss Doctrine of Occupied Field
(6)
Reddendo singula singulis (c) Doctrine of Territorial Nexus
(d) Generalia Specialibus non derogant.
Kd) Doctrine of Severability.

A. Discuss the importance of the following Internal


and External Aids in interpretation 4x4

(a) Preamble
(6) Headings
(c) Proviso
(d) Legislative History.

5. Briefly discuss the rule of interpretation of


Penal Statutes. 16

6. Describe the circumstances when "may" means


"shall" and "shall" means "may". 16

B.A. LLB/3 Yrs.VS/1OS & POL/5 4/19 (Continued) BA.LLR/3 Yrs/VS/IOS& POL/5 4'19 MV-450o

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