O.P. Jindal Global University Jindal Global Law School End-Term Examination - Semester B
O.P. Jindal Global University Jindal Global Law School End-Term Examination - Semester B
O.P. Jindal Global University Jindal Global Law School End-Term Examination - Semester B
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This question paper has four (4) printed pages (including this page).
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provided.
2. DO NOT write anything on the question paper except Student Id. No. on the space provided.
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examinations.
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This is a Closed Book examination. Students are not allowed to bring any material in the Examination Hall.
Warning: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized
severely.
JGLS [End-term Examination - Semester B, 2017 - 2018] Page 1
1. Define any five (5) of the following foreign legal terms and construct a suitable sentence for each.
(5 × 1 = 5 Marks)
a) Ad infinitum
b) Bona fide
c) De jure
d) Ex officio
e) Force majeure
f) Inter alia
g) Mea culpa
h) Pro rata
i) Quid pro quo
j) Pari Passu
2. Identify the syllogistic fallacy in any one (1) of the following. Provide the definition of the fallacy, explain
with reference to the argument along with the mood. (1 × 5 = 5 Marks)
OR
3. Analyse the scenario given below and draft a formal letter. Attempt any one (1). (1 × 10 = 10 Marks)
a) Your client, Mrs. Kapoor, President and owner of Totum Appliances, sold a microwave to Mr.
Kamal Mah against receipt of a cheque of Rs. 15,000. However, the said cheque bounced upon
submission to the bank due to insufficient funds. Draft a letter representing your client seeking full
repayment within 15 days under Section 138 of Negotiable Instruments Act. Mr. Mah’s address is
1001, Residential Towers, New Delhi-01.
Note: Cheque bounce or cheque non-payment in a serious offence in India punishable with imprisonment
or fine under Section 138 of the Negotiable Instruments Act. In case of cheque bounce, a cheque
beneficiary must present the cheque issuer with a cheque bounce notice under section 138 within 30 days
of return of the cheque to protect his/her rights under Section 138 of the Negotiable Instruments Act.
Cheque bounce notice is a firm and serious intimation to the cheque issuer that the cheque beneficiary will
proceed with legal action if payment for the cheque is not made immediately. For a cheque bounce notice
to be valid, it must contain reference to Section 138 of the Negotiable Instruments Act, information about
when the cheque was presented, the reason for non-realization of payment and a request to the cheque
issuer to arrange for payment immediately through alternate means. A Section 138 Notice must be
presented to the cheque issuer within 30 days of return of cheque due to be valid.
JGLS [End-term Examination - Semester B, 2017 - 2018] Page 2
Section 138 of Negotiable Instruments Act
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any
amount of money to another person from out of that account for the discharge, in whole or in part, of any
debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to
the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be
paid from that account by an agreement made with that bank, such person shall be deemed to have
committed an offence and shall, without prejudice. to any other provision of this Act, be punished with
imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount
of the cheque, or with both: Provided that nothing contained in this section shall apply unless:
The cheque has been, presented to the bank within a period of six months from the date on which it is
drawn or within the period of its validity, whichever is earlier;
The payee or the holder in due course of the cheque as the case may be, makes a demand for the payment
of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within fifteen
days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
The drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the
case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation-For the purposes of this section, “debt or other liability” means a legally enforceable debt or
other liability.
OR
b) You are a lawyer working with the firm Greener and Heath, situated at 59 West, 12 th Street, New
York - 10011. Please draft a letter to your client, Ms Coogler, outlining the law that applies to the
filing of the Annual Report of her company Searchlight Corporation. The relevant statutory laws
are as follows.
Note: The fiscal year ends on March 30th every year.
Statute law:
Section 97-355-21 of the Corporation Statutes of New York states that a company has 40 working days to
file its Annual Report after the end of the fiscal year.
Section 97-355-21 (A) (Amended on 9th February 2017 to be applicable after that date) of the Corporation
Statutes of New York states that a company has 20 working days to file its Annual Report after the end of
the fiscal year.
a) Discuss the significance of the title of George Orwell’s essay - “Politics and the English Language”.
b) What does George Orwell mean by “an effect can become a cause, reinforcing the original cause and
producing the same effect in an intensified form, and so on indefinitely.”
c) Orwell opens his essay, “Politics and the English Language” with the assertion that “the English language
is in a bad way, but it is generally assumed that we cannot by conscious action do anything about it.” He
identifies four tricks and swindles employed in bad language. What are they? Explain briefly with
examples.
d) According to Orwell, clarity in language can go some way towards promoting transparency and
accountability in the political sphere. Comment on the validity of this assertion with reference to our
contemporary political reality.
a) Lihaf by Ismat Chugthai has been identified as one of the first examples of Indian queer literature. Expand
on this claim with reference to its plot as well its use of language and symbolism.
b) Lihaf’s treatment of women’s lives examines constructions of gender, sexuality, religion and class.
Analyse this statement with close reference to any two characters.
c) Discuss the narrator of Salman Rushdie’s story The Free Radio?
d) As a story, The Free Radio operates at two levels – the literal and the symbolic. Discuss the symbolic
elements of the story.
a) To Kill a Mockingbird by Harper Lee examines the racism underlying the actions of the citizens of
Maycomb, even those who try and help Tom Robinson. Discuss this statement with reference to any two
characters.
b) Prejudice is an important issue in Harper Lee’s novel, To Kill a Mockingbird, and often operates in
interrelated/intersectional ways in Maycomb. Discuss with examples.
c) Enumerate some of the surreal elements or strange happenstances from Chronicle of a Death Foretold,
and comment on their significance in the story.
d) Chronicles of a Death Foretold blends in itself multiple genre and is still a novella. Comment.
e) Two incidents of sexual violence form the core of J.M. Coetzee’s novel Disgrace. However, both of them
are represented differently from the perspective of its middle-aged narrator, David Lurie. Discuss and
elaborate with close readings from the novel.
f) How does J.M. Coetzee’s novel Disgrace register the social order emerging after the end of the apartheid
era in South Africa? Do you agree that the novel ‘is a racist book’, as another South African writer
declares? Elaborate with close readings from the novel.