1st Internal – 4th Semester – LLB Notes – Question & Answers

1st Internal – 4th Semester – LLB Question & Answers – Padala Rama Reddi Law College

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Interpretation of Statue Internal Notes

Labour Law_Internal_Notes_Updated

Land Laws_Internal Notes

Public International Law_Internal_Notes

intellectual Property Rights_Internal Notes_Updated

Land Laws

MCQ
1) Classification of lands for ceiling purpose:

a) Wet
b) Forest
c) Desert
d) Rural

2) Is the digital platform created and maintained for the purpose of ROR:

a) Dharani
b) E-Sewa
c) Both
d) None

3) Shershah’s fame mainly rested with:

a) Military reforms
b) Administrative reforms
c) Land reforms
d) Social reforms

4) Who introduced reforms in the land revenue system:

a) Warren Hastings
b) Sir John Shore
c) Lord Cornwallis
d) Lord Wellesley

5) Right to property is no more a fundamental right under part-III of the Indian constitution by which Amendment:

a) 42nd Amendment
b) 44th Amendment
c) 52nd Amendment
d) 62nd Amendment

6) The first case before the Supreme Court regarding the Constitutional validity of the 1st Amendment Act was challenged in:

a) Kameshwar vs. State of Bihar
b) Shankari Prasad vs. Union of India
c) Golaknath vs. State of Punjab
d) Kesavananda Bharati vs. State of Kerala

7) The “Tenure settlement” was called as:

a) Permanent Settlement
b) Temporary Settlement
c) Interim Settlement
d) Permanent and Temporary Settlement

8) The land revenue system implemented by the Britishers in India:

a) Zamindari
b) Ryotwari
c) Mahalwari
d) All of the above

9) Ryotwari system was introduced by:

a) Thomas Munroe
b) Sir Thomas Roe
c) Lord William Bentinck
d) Warren Hastings

10) Land held under a gift or grant by Nizam or or Jagirdhar or other competent person

a) Inam
c) Jagir
d) Tagirdhar

Blanks

1) Principle of Eminent Domain: Based on “Salus populi est suprema lex” (welfare of the people is the paramount law).

2) Article-296 of the Constitution: Contemplates the Doctrine of Escheat to cover ownerless property.

3) Dharani: Records prepared & maintained electronically in Dharani portal.

4) Kautilya’s Artha Shastra: Mentions land reforms.

5) Zamindar: Holder of large estates deriving rights from sovereign for collecting rents & taxes.

6) Doctrine of Escheat: Involves legal transfer of ownerless property to the crown.

7) ROR: Contains ownership details.

8) Board of Revenue: Foundation of the entire revenue administration rests.

9) Ownership in land: Can be absolute or limited.

10) Possession defines ownership as: Plenary control over objects.

Shorts
1) Bona Vacantia:

– Legal concept concerning ownerless property.

– Property that has no apparent owner or heir.

– Often reverts to the state or government.

– Originates from Latin, meaning “vacant goods.”

– Can include unclaimed inheritance, abandoned land, or assets with no rightful claimant.

2) Zamindari System:

– Land revenue system introduced by British colonial rulers in India.

– Zamindars acted as intermediaries between the state and cultivators.

– Zamindars were granted ownership rights over land and collected revenue from peasants.

– Led to exploitative practices and agrarian unrest.

– Abolished after independence in 1947 through land reforms aimed at redistributing land.

3) Mahalwari System:

– Land revenue system also introduced by British colonial rulers.

– Revenue was collected from individual villages or mahals.

– Villages collectively held responsibility for revenue payment.

– Aimed to simplify revenue collection and foster local responsibility.

– Implemented in some regions of British India alongside other systems.

4) ROR (Record of Rights):

– Document detailing land ownership, cultivation, and rights.

– Essential for establishing ownership and resolving disputes.

– Contains information on landholders, tenants, and their respective rights.

– Maintained by revenue authorities or land record departments.

– Provides a legal framework for land transactions and land use.

5) Land Reforms in Ancient India:

– Historical efforts to redistribute land ownership.

– Associated with rulers like Chandragupta Maurya and Ashoka.

– Aimed to address inequalities in land ownership and social justice.

– Included measures such as land grants to farmers and regulation of land tenure.

– Contributed to economic development and social stability in ancient Indian society.

Intellectual Property Rights

1) Which of the following rights are not covered by copyright?

a) To use, modify & distribute
b) To make copies & synchronize
c) To perform & broadcast
d) To share & discuss

2) In the case of the photograph, the term author applies to?

a) Producer
b) Photographer
c) Director
d) All the above

3) In your view, who can be the right holder of IPR?

a) Owner of IP
b) The successor in title of IP
c) A licensee
d) All the above

4) How many copies of the work are required to be submitted for registration of copyright?

a) 3**
b) 4
c) 5
d) 6

5) The Convention establishing WIPO was signed at:

a) Stockholm
b) Paris
c) France
d) India

6) The term of copyright for an author lasts how long?

a) Life of the author
b) Life + 60 years
c) Life + 70 years
d) Life + 70 years

7) The Copyright Act was passed in the year?

a) 1956
b) 1957
c) 1958
d) 1959

8) The Patent Act was passed in the year?

a) 1960
b) 1965
c) 1957
d) 1970

9) IPR protects the use of information & ideas that are of:

a) Ethical value
b) Commercial value
c) Moral value
d) Social value

10) Universal Copyright Convention was revised in 1971 at:

a) Stockholm
b) Paris
c) France
d) India

Fill up the blanks:

1) Intellectual property is usually divided into: Industrial property & Copyright

2) Essential condition of copyright protection is that the work must be: Original

3) In case of a musical work, the composer is the owner of the copyright.

4) The term WIPO stands for World Intellectual Property Organization.

5) TRIPS is Trade-Related Aspects of Intellectual Property.

6) The Protection of Plant Variety and Farmers’ Rights Act was passed in the year 2001.

7) World Intellectual Property Day is celebrated every year on April 26th.

8) Kolhapuri chappals are registered as GI (Geographical Indication).

9) Geographical Indication is the property of the community/public.

10) The employer is the first owner of a copyright in a work created by an employee in his employment.

Shorts

Intellectual Property (IP):

Overview: IP refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
Types: Include patents (protect inventions), trademarks (protect brands), copyrights (protect literary and artistic works), and trade secrets (protect confidential information).

Special Rights of Authors under Copyright Act:

- Section 57 of The Copyright Act, 1957, confers special rights to the authors for their work.
- The author shall have the following rights:
- - - To claim authorship of the work; and
    - To restrain or claim damages in respect of any duration, mutilation, modification or other act in relation to the said work which is done before the expiration of the term of the copyright.
  - The author shall not have any right if:
    - To restrain a claim of damages in respect of any adaptation of a computer program; or
    - To display the work to the satisfaction of the author.
The author has the right to a legal representative

Geographical Indication (GI):

Definition: A sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics that are essentially attributable to that place of origin.
Protection: GI protection prevents unauthorized use of the indication on products not originating from the designated geographical area.
Registration: GI protection and registration are governed by specific laws or international agreements, ensuring legal recognition and enforcement of GI rights.

Berne Convention (1886):

Purpose: Established to ensure international protection for literary and artistic works by establishing minimum standards of copyright protection.
Principles: Provides creators with the right to control the use of their works, ensuring fair compensation and recognition.
Membership: Over 170 countries are members of the Berne Convention, facilitating global cooperation in the protection of intellectual property rights.

WIPO (World Intellectual Property Organization):

Function: A specialized agency of the United Nations responsible for promoting and protecting intellectual property worldwide.
Activities: Facilitates cooperation among member states, provides assistance in developing IP policies, offers training and capacity-building programs, and administers international treaties and agreements related to IP rights.
Objectives: Foster innovation and creativity, promote economic development, and ensure that intellectual property rights contribute to social and cultural development globally.

Labour Law 2

MCQ

1) Full Bench Formula was claimed in which case?

Muir Mills Co. Ltd. V. Suti Mills Mazdoor Union, Kanpur(1955)

2) What do we call the measures by the government to aid the poor and needy?

Social Assurance or Assistance.

3) What is the meaning of living and minimum wages?

Fair wages.

4) Is the doctrine of National extension admissible under ECA?

Yes.

5) What is the wage limit under the Payment of Bonus Act?

₹21,000/-.

6) What is the maximum amount of ALS that can be carried forward to the next year?

Accounting for up to 20%.

7) Where is the set on/set off illustrated in _____under the Bonus Act?

Schedule –IV

8) What is the normal formula for calculating statutory bonus?

GP-Prior charges. (Gross Profit – Prior Charges)

9) What is the wage limit for the purpose of calculating bonus?

₹7,000/- or minimum wages prescribed by the government.

10) What is the minimum number of working days to be eligible for bonus?

30 days.

11) How many schedules are there in ECA?

4 Schedule

12) Available surplus is the gross profit for the year after deducting the expenses referred to in Sec-6.

13) The National Old Age Pension Scheme is an example of Social Security Assistance.

14) Match the following

PartA Part B

Full Bench formula—————– Bonus

William Beveridge —————–Social Security

Fair wages committee ————-Min wages

Reduction of earning capacity—-Partial disablement

15) POWA wage limit is 24000.

16) What is the wage limit for calculating compensation?

₹15,000/-.

17) Identify doctrines that are in ECA (Employees Compensation Act).
1. Doctrine of Strict Liability
2. Doctrine of Exclusive Remedy
3. Doctrine of Statutory Benefits
4. Doctrine of Proximate Cause
5. Doctrine of Presumption
6. Doctrine of Occupational Disease
7. Doctrine of Notice
8. Doctrine of Pre-existing Conditions
9. Doctrine of Compensation Review

18) The wage period shall not exceed more than one month.

19) The total amount of fines shall not be more than 3 % in a wage period.

20) The concept of living wages was given by whom? – South Australian Act of 1912 – Harvester Case**

Shorts
1. Types of Wages:

Living Wage: Living wage initiatives advocate for hourly pay rates that cover essential needs like food, housing, and healthcare, varying by location and family circumstances. They aim to ensure workers can afford a decent standard of living, promoting economic stability and reducing poverty.
Fair Wage: Fair wage principles emphasize the ethical and equitable treatment of workers, acknowledging the value of their labor beyond basic necessities. They seek to provide compensation that reflects the intrinsic worth of work and contributes to employees’ overall well-being and dignity.
Minimum Wage: Minimum wage laws establish the lowest hourly pay rate that employers must legally provide, serving as a safeguard against exploitative labor practices. They aim to set a baseline standard of living for workers and ensure they receive at least a minimum level of compensation for their work.
Subsistence Wage: Subsistence wage concepts focus on providing income sufficient to sustain basic needs for survival, such as food and shelter. They ensure that workers can afford essential goods and services required for daily living, promoting social welfare and preventing destitution.

Social Security:
- Social security encompasses various programs aimed at providing financial assistance and support to individuals and families facing economic hardship.
- It includes benefits such as:
  - Old Age Pension: Financial support for retired individuals.
  - Disability Benefits: Compensation for individuals unable to work due to a disability.
  - Unemployment Benefits: Financial assistance for individuals who lose their jobs involuntarily.
  - Healthcare Coverage: Access to medical services and treatment.
- Social security programs are often administered by government agencies and funded through taxes or contributions from employers and employees.

Authorized Deductions under POWA:
- POWA stands for Payment of Wages Act, which regulates the payment of wages to employees.
- Authorized deductions refer to specific deductions permitted by law or agreed upon by the employee for various purposes.
- Examples of authorized deductions include:
  - Tax withholdings as per government regulations.
  - Contributions to provident funds or retirement schemes.
  - Insurance premiums for health, life, or disability coverage.
  - Loan repayments authorized by the employee.

Provision for Fixation of Minimum Wages:
- Minimum wage laws establish the lowest remuneration that employers can legally pay their employees for work performed.
- The provision for fixing minimum wages aims to ensure that workers receive fair compensation to meet their basic needs and maintain a decent standard of living.
- Factors considered when fixing minimum wages include:
  - Cost of living in the region or locality.
  - Skill level and type of work.
  - Prevailing wage rates in similar industries.
  - Economic conditions and inflation rates.
- Minimum wage rates may vary across different industries, occupations, and regions.

Employer’s Liability to Pay Compensation:
- An employer is liable to pay compensation to employees in cases of injury, disability, or death arising out of and in the course of employment.
- The liability of the employer extends to:
  - Compensation for medical expenses incurred due to the injury.
  - Disability benefits for temporary or permanent disability.
  - Compensation to dependents in case of death.
- The compensation payable is determined based on factors such as the nature and severity of the injury, the employee’s wages, and the duration of disability.
- Employers are required to provide a safe working environment and take preventive measures to minimize the risk of accidents or injuries to employees.

Public International Law

MCQ
1) Acquisition of Res Nullius:

a) Original Ownership
b) Derived Ownership
c) Mere Custody
d) Accessory Ownership

2) Oppenheim’s definition International Law talks about:

a) Developing States
b) Civilized States
c) Developed States
d) Non-Civilized States

3) Who is considered the father of PIL?

a) Hugo Grotius
b) Fisher
c) Brown
d) All of the above

4) Observation of International Law as a Law was made by:

a) Austin
b) Hobbes
c) Brown
d) Fisher

5) Who wrote “De Jure Belli ac Pacis”?

a) Hugo Grotius
b) Holland
c) Fisher
d) Baty

6) Which source was mentioned for the first time in Article 38 of the Permanent Court of International Justice?

a) Convention
b) Custom
c) General principles recognized by civilized States
d) None of Above

7) A state is and becomes an international person through recognition only and exclusively. By:

a) Al Oppenheim
b) Hobbes
c) Fenwick
d) Hostat

8) The rule of state succession was incorporated from:

a) Roman Law
b) Charter of UN
c) Latin Law
d) Greek Law

9) International law is the vanishing point of jurisprudence was opined by:

a) Holland
b) Hall
c) Kelson
d) Fisher

10) How many types of State Recognition in International Law?

a) 2
b) 8
c) 7
d) 1

Blanks

1) What is meant by Pacta sunt servanda? Promises must be kept.

2) Codification means the process of compiling and organizing laws into a systematic code.

3) A provisional recognition of an existing state is called defacto recognition.

4) What are the kinds of state succession? Universal, Partial

5) PIL is also called as Law of Nations.

6) Auto limitation theory is coined by Jellinek.

7) According to Monistic theory, Municipal Law & International Law, Both are the same.

8) What are the elements of State? Population, Territory, Government, Sovereignty.

9) Formal acknowledgment of an entity by an existing country is called recognition.

10) Substitution of one state by another state is called succession.

Shorts

De facto Recognition: This is a provisional acknowledgment of the existence of a state by another state based on the factual control exercised by the former over a territory. It does not imply legal acknowledgment or full diplomatic relations.

De jure Recognition: This is a formal acknowledgment of a state’s sovereignty by another state based on legal principles. It signifies acceptance of the state’s international status and often involves establishing diplomatic relations.

Modes of Acquisition & Loss of Territory:
- Acquisition: Territory can be acquired through various means, including discovery, occupation, prescription, accretion, cession, and conquest.
- Loss: Territory can be lost through abandonment, transfer (cession), occupation by another state, or prescription.
Sources of International Law:
- Treaties and Agreements
- Customary International Law
- General Principles of Law
- Judicial Decisions and Scholarly Works
Advantages & Disadvantages of Recognition:
- Advantages: Establishes diplomatic relations, facilitates trade and communication, promotes stability and security.
- Disadvantages: Can legitimize oppressive regimes, create diplomatic tensions, and affect the recognition state’s international standing.
Subjugation: Subjugation refers to the act of bringing a territory or people under control or domination, often through conquest or forceful imposition of authority. It implies the subordination of one entity to another, typically in a hierarchical manner.

Interpretation of Statutes [IOS]

MCQ
1) The statutes are classified according to duration, method, application, and object.

2) An amending statute is one which modifies the earlier statute.

3) Public statutes include examples such as the Indian Penal Code (IPC), taxing statutes, and coercive laws.

4) The principle laid down in Lee vs. Knapp is the Golden Rule.

5) Logical interpretation lays emphasis on the spirit of the law.

6) “Non-obstante clause” means “notwithstanding.”

7) The Mischief rule was laid down in Hayden’s Case.

8) Contemporaneous exposition law arises from long usage.

9) Harmonical construction is applied when conflicting portions are reconciled.

10) “Noscitur a sociis” means associated words.

11) “Ejusdem generis” means “of the same kind and nature.”

12) A statute which punishes wrongs is a penal statute.

13) The object of interpretation is to determine intent.

14) According to Maxwell, the statute made by the legislature is the will of the state.

15) “Litera legis” refers to the letter of the law.

16) The law made by the legislature is known as enacted law or statutory law.

17) Beneficial statutes are also called socio-welfare legislations.

18) A statute which repeals an earlier statute is called a repealing statute.

19) A rule of construction is deemed well-settled when there are principles of harmonious construction

20) A temporary statute is one where period of operation is til repealed.