UPSC 2019 LAW Paper I
Time Allowed : 3.00 Hrs Maximum Marks : 250
Question Paper Specific Instructions
Please read each of the following
instructions carefully before attempting questions.
There are EIGHT questions divided in
two sections.
A candidate has to attempt FIVE
questions in all.
Questions no 1 and 5 are compulsory
and out of the remaining, THREE are to be attempted choosing at least ONE from
each section.
The number of marks carried by a
question /part is indicated against it.
Word limit in questions, wherever
specified should be adhered to.
Attempts of questions shall be
counted in chronological order. Unless struck off, attempt of a question shall
be counted even if attempted partly. Any page or portion of the page left blank
in the answer book must be clearly struck off.
SECTION – "A"
Q.1 Answer the following questions in about 150 words
each: (10 x 5= 50)
(a) Discuss the doctrine of 'Pith and Substance relating
to the distribution of legislative powers between the Centre and the States
with the help of the landmark judicial decisions.10
(b) “The purpose of the office of the 'Lokpal, is not to
adjudicate, but to provide regular machinery for investigating grievances against
the administration in a discrete and informal manner.” Critically examine this
statement by providing proper justification of the office of the 'Lokpal' in
India. 10
(c) Audi alteram partem', rule is a very flexible,
malleable and adaptable concept of natural justice to adjust the need for speed
and obligation to act fairly.” Examine the statement with the help of decided
case-law. 10
(d) the issue of Parliamentary-privileges has been a bone of
contention lond conflict between the Parliament and the Judiciary.” Analyse
this statement in the backdrop of decided cases. 10
(e) Right to Privacy is protected as an intrinsic
part of life and personal liberty enshrined under Article 21 of the
Constitution of India.” Elucidate this statement in the light of the decision
of Justice K.S. Puttaswamy (Retd.) v. Union of India. 10
Q.2
(a) Give an overview of the growth of the Tribunals in India with special reference to Administrative Tribunals established under the (Administrative Tribunal Act. 20
2.
"Revival of
the Panchayati Raj system in India is an aid to reduce the workload on
the Judiciary.” Comment.
(b) "Power of the Parliament to amend the
Constitution is wide, but not unlimited.” Do you agree with this statement ?
Discuss whether the doctrine of basic structure has reinforced the power of
judicial review under the Constitution. 15
(c) Examine the nature of the powers of the High Courts
under Article 226 of the Constitution of India and distinguish it from the
powers of the Supreme Court under Article 32. (15)
Q.3
(a) While conferring the
power of delegated legislation on the administration, the enabling Act may
specify the procedural safeguards to be followed in the exercise of the power.
What are the consequences of non-compliance with the requirements as laid down
in the Act ? Discuss with the help of decided cases. 20
(b) The Election Commission of India is an autonomous
constitutional authority responsible for administering the election process in
India." comment by explaining the powers and functions of the Election
Commission of India.15
(c) "India that is Bharat. shall be a Union
of States." Explain. Do you that the Indian Constitution is a Federal
Constitution ? Discuss with the help of decided cases. 15
Q.4
(a) What do you mean by the term “Rule of Law'? The
basic element of Dicey's doctrine of the rule of law is, be you ever so high,
the law is above you'. Discuss with the help of decided cases.20Explain this
statement and also distinguish the term „freedom of speech and expression and
„speech and expression.‟ 20
(b) Discuss the Ordinance making power of the President.
Can the validity of an Ordinance be challenged in the Court of Law ? Cite
relevant case-law. 15
(c) Examine and explain the
following statements :
·
(i) Public Interest
Litigation is a tool to promote politics of the Judiciary.
·
(ii) Judicial
Activism has both positive and negative impact on the Judiciary.
Section-"B"
Q.5 Answer the following questions in about 150 words
each: 10×5=50
(a) "International Law is the vanishing point of
Jurisprudence." Explain.
(b) What do you mean by
State-Recognition ? What are the legal effects of recognition ? Differentiate
between de-facto and de-jure recognition.
(c) What are the rules of International Law governing
the lawful use of force by the States in the exercise of their inherent right
of self-defence ?
(d) What is the difference between International Humanitarian
Law and International Human Rights Law ?
(e) Discuss in brief, the various modes of peaceful
settlement of international disputes. Do you think that these modes of
settlement are effective or is any other mode required in the present
scenario?
Q.6 (a) What
are the various theories prevalent for deciding the relationship between
International Law and Domestic Law ? How do the National Courts in India apply
the International Law ?
(b) Briefly explain the
following:
(i) Doctrine of
Innocent Passage
(ii) Exclusive
Economic Zone and the rights of other States thereto
(c) “The effectiveness of the International Criminal Court depends on the degree of co-operation provided by the States. This co-operation concerns not only the State-party to the International Criminal Court but also the non-party State.” Discuss.
Q.7(a) What do you
understand by territorial jurisdiction of States ? Do you agree with the view
that Right to Seek Asylum is firmly established under International Human
Rights Law ? If so, substantiate your answer with reasons.
(b) Examine the extent and
limits to which a treaty can confer rights and impose obligations on the third
State which is not party to the treaty
(c) “United Nations is
designated as the foremost forum to address the issues that transcend the
national boundaries, which cannot be resolved by a country alone.” In the light
of this statement, discuss the functions of the General Assembly.
15
Q.8 (a) Write critical notes on the following:
(i) International
efforts towards protection and improvement of human environment
(ii)
State-sponsored terrorism
(b) Discuss the main provisions of
the Comprehensive Nuclear Test Ban Treaty (CTBT). Also explain the reasons why
India has not signed this treaty.
(c) Explain the historical
evolution, objectives and main principles of the General Agreement on Tariffs
and Trade (GATT).
UPSC 2019 LAW Paper II
Time Allowed : 3.00 Hrs Maximum Marks : 250
Question Paper Specific Instructions
(Please read each of the following
instructions carefully before attempting questions)
There are EIGHT questions divided in
two Sections and printed both in HINDI and in ENGLISH.
Candidate has to attempt FIVE
questions in all.
Question Nos. 1 and 5 are compulsory
and out of the remaining, THREE are to be attempted choosing at least ONE
question from each Section.
The number of marks carried by a
question/part is indicated against it.
Answers must be written in the medium
authorized in the Admission Certificate which must be stated clearly on the
cover of this Question-cum over of this Question-cum-Answer (QCA) Booklet
in the space provided. No marks will be given for answers written in a medium
other than the authorized one.
Word limit in questions, wherever
specified, should be adhered to.
Attempts of questions shall be
counted in sequential order. Unless struck off, attempt of a question shall be
counted even if attempted partly. Any page or portion of the page left blank in
the Question-cum-Answer Booklet must be clearly str
SECTION – "A"
Q.1 Answer the following questions in about 150 words each:
(10 x 5= 50)
(a) Even without
mens rea there are certain acts, which are offences under the Indian Penal
Code, 1860. Enumerate such offences.
(b) Right to private defence under the Indian Penal Code, 1860 is available
only to an innocent person. It is not a right to retribution. Analyze.
(c) "Act done by me against my will, is not my act.” Examine in the light
of legal provisions of the Indian Penal Code, 1860.
(d) "Pigeonhole theory' in the law of tort holds no justification
now." Critically examine.
(e) “E-commerce has adversely affected the consumer protection in India.”
Elucidate the statement.
Q.2
(a) "Any interference with a plaintiff's
property may cause personal discomfort to the plaintiff in enjoyment of the
property." Critically examine the statement with the help of decided
cases. 15
(b) "Recent judicial decisions of the courts have changed the spirit of
Section 498 A of the Indian Penal Code, 1860.” Explain the statement with the
help of judicial pronouncements. 15
(c) "every culpable homicide and murder is necessarily a hurt, but every
hurt is a culpable homicide and murder." Elucidate.
Q.3
(a) A
attempts to steal some jewels by breaking open a box belonging to B and finds,
thereafter so opening the box, that there is no jewel in it, but A
simultaneously puts Rs.100 currency note in the box, which was already stolen
by A from C. Decide as to what offence(s) is/are committed by A. 20
(b) The basic
spirit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, which was diluted by the judiciary in Kashinath Mahajan's case, has
been restored by the legislature recently. Examine critically. 15
(c) "Ascertainment of causation is a problem, when
the events causing damage to plaintiff are not simultaneous but
successive." Elaborate it with the help of decided cases under the law of
tort. 15
Q.4
(a) “A goldsmith putting earring to woman's ear does not
require as much care as a surgeon performing surgery on the ear of woman.”
Elaborate the law relating to degree of care required under the law of
tort.
(b) Mere physical boundaries are not the essential requirement to constitute
the tort of 'false imprisonment', but psychological boundaries too are enough
ir this regard. Critically examine
(c) "Imputation of unchastity against a woman by spoken words is a wrong
actionable without proof of special damage.” Examine under the law of
tort.
Section-"B"
Q.5 Answer the following questions in about 150 words each:
10×5=50
(a) "The
law of contracts is not the whole law of agreements, nor it is the whole law
of/obligations, but it also deals with the rights and obligations of
both." Elucidate.
(b) "The dissolution of partnership is the dissolution of a partnership
firm, but the dissolution of a partnership firm is not the dissolution of
partnership." Elucidate with the help of legal provisions and cases.
(c) “Public interest litigation is not the pill of all ills, it is the
boon of the courts. However it is also the duty of the court to prevent its
misuse." Elucidate.
(d) "Contract of agency is revocable like an ordinary contract, but
sometimes it is impossible to repudiate it." Analyze with the help of
decided cases and relevant provisions.
(e) "Pragmatic regime of right to information for citizens is the
key to good governance in India, but it is not being implemented in its
original spirit.” Examine it in the light of decision of the Supreme Court of
India in Anjali Bhardwaj vs. Union of India, February 2019.
Q.6
(a) “Discharge of a contract includes breach of contract, but breach of a
contract does not necessarily include discharge of contract." Examine the
statement with suitable illustrations. 15
(b) “The National Green Tribunal, which was established for effective and
expeditious disposal of cases relating to environmental protection and
conservation of forests and other natural resources, has played a pivotal role
in the recent past in this regard.” Examine the statement with reference to
pronouncements given by the National Green Tribunal.
(c) Ascertainment of jurisdiction is a big challenge under the cyber law.
Elaborate the relevant legal provisions of the Information Technology Act along
with various tests applied by the Indian courts.
Q.7
(a) “The principle of unjust enrichment finds place indirectly under the
law of contract." Explain its various dimensions. 15
(b) "Alternative dispute resolution mechanism as provided under the
Legal Services Authorities Act, 1987 has played a pivotal role in dispensation
of justice to the needy persons.” Explain with the help of legal provisions and
case law. 15
(c) “Parties to the contract of sale may reduce or enhance the risk
relating to passing of property." Elucidate its various dimensions under
the law of sale of goods. 20
Q.8
(a) “In the present time, there is a conflict between the right to access to
knowledge and the copyright law." Explain the statement in the light of
doctrine of fair dealing under the copyright law. 15
(b) "Approximate justice with finality by the way of arbitration is
against the basic principle of administration of justice in the courts."
Examine the statement in the light of latest developments of alternative
dispute resolution system in India. 15
(c) "The basic purpose of competition policy and the law is to
preserve and promote competition as a means of ensuring efficient allocation of
resources in an economy.” Elucidate the statement in the light of new economic
scenario in India. 20
UPSC 2018 LAW Paper I
Time Allowed : 3.00 Hrs Maximum Marks : 250
Question Paper Specific Instructions
Please read each of the following instructions carefully
before attempting questions.
There are EIGHT questions divided in two sections.
A candidate has to attempt FIVE questions in all.
Questions no 1 and 5 are compulsory and out of the remaining, THREE are to be
attempted choosing at least ONE from each section.
The number of marks carried by a question /part is indicated against it.
Word limit in questions, wherever specified should be adhered to.
Attempts of questions shall be counted in chronological order. Unless struck
off, attempt of a question shall be counted even if attempted partly. Any page
or portion of the page left blank in the answer book must be clearly struck off.
SECTION – "A"
Q.1 Answer the
following questions in about 150 words each: (10 x 5= 50)
(a) What do you understand by the terms „cooperative federalism‟ and
„competitive federalism‟? Do you agree with the view that the Indian
Constitution is based on the concept of „competitive federalism‟ and not on the
concept of „cooperative federalism‟?
(b) Administrative
powers/actions are not always in conflict with the „rule of law‟ principle.
Discuss with illustration.
(c) Critically evaluate the
changing dimensions of the concept of „State‟ under Article 12 of the
Constitution of India.
(d) “Natural justice is not
a made to order formula which has to be fitted to all situations with an
iron-bound uniformity.” – Comment. Refer to case laws.
(e) “With the adoption of
Parliamentary form of government, the vesting clause under Article 53(1)
remains to a great extent meaningless, as real executive power lies in the
Ministry.”Critically examine the above statement in the context of the status
and position of the President of India under the Indian constitution. Also
answer, if the President of India does not accept the advice of the Prime
Minister, what consequences would follow.
Q.2
(a) Examine the concept of
social justice as envisaged in the Constitution more particularly in Chapter IV
of the Constitution. 20
(b) What are the
constitutional safeguards available in a civil servant against dismissal,
removal or reduction in rank of services? Are these rights also available to an
employee of a public corporation Discuss with reference to statutory provisions
and case law. 15
(c) What would be best way or method for the appointment of judges in High
Court and the Supreme Court in India? Give your views and support your views
with reasons. 15
Q.3
(a) What are the major challenges
in the functioning of local bodies in India? Does it talk about success story
or something else? 20
(b) Is the Governor‟s post
dependent on the pleasure of the President? Discuss. What exactly constitutes
the „discretion‟ of the Governor while exercising numerous powers? Explain with
reference to statutory provisions and relevant case law. 15
(c) Discuss the
constitutionality of delegated legislation. What are the limits of delegated
legislation? Explain. 15
Q.4
(a) “The liberty of the
press implicit in the freedom of speech stands on no higher footing than the
freedom of speech and expression of a citizen, and no privilege is attached to
the press as such distinct from the ordinary citizen.” Explain this statement
and also distinguish the term „freedom of speech and expression and „speech and
expression.‟ 20
(b) “Imposition of
Emergency in a State under Article 356 has always been a matter of
controversy.” In this backdrop, explain the consequences of proclamation of
Emergency in a State. 15
(c) Under what
circumstances, does a third party, apart from concerned parties, have locus
standi to move writ petitions before the High Court or the Supreme Court in
India? Also point out the limitations of such petitions. 15
Section-"B"
Q.5 Answer the following questions in about 150 words
each: 10×5=50
(a) Explain the
distinctions between traditional and modern definitions of international law.
Critically examine the growing scope and importance of international law in the
present context. 10
(b) “Where Extradition
begins Asylum ends. “Critically examine the above statement with special
reference to extraditable persons and extradition crimes. 10
(c) It is generally viewed
that “Rights and Duties are correlative”. However, the International Human
Rights Movement has developed, more as rights-oriented than duties oriented.
Why has this happened? Explain with the help of various International Human
Rights instruments. Can you think of a „Human Duty Movement‟ instead of a
„Human Rights Movement‟? 10
(d) Define „International Treaty‟ and explain the growing importance of
treaties in Modern International Law. Can a multilateral treaty be terminated?
If so, on what grounds? Explain. |
(e) Do you agree with the
statement that „the Globalization is a necessary evil”? Critically examine the
implications of the reform process undertaken by the IMS and IBBD by way of
structural adjustment, programmes and policies on developing countries, with
special reference to India.
Q.6 (a) “Continental
Shelf was regarded as the natural prolongation of the land mass of the coastal
state.” Critically examine the Delimitation of the Continental Shelf with the
help of relevant case law of the International Court of Justice (ICI). 20
(b) Define International
Dispute. Explain the difference between peaceful settlement of disputes and
compulsive settlement of disputes. Critcally examine the growing importance of
ADR methods in International Dispute settlement. 15
(c) “Membership of the
Security Council is not democratic mainly because of its power. In view of
that, the U.N Security Council should be expanded and should given more
membership to
other countries reflecting the demographic composition of the community of
nations.” Explain.
Q.7
(a) Describe the mechanisms
for structural anomalies of autosomes with diagrams. 20
(b) Describe the principles
of radiocarbon dating. Mention its limitations. 15
(c) Narrate evolution of
disease and major causes of ill health in human populations.
Q.8
(a) “International law is
primarily concerned with Rights, Duties and Interests of States.” Critically
examine the statement with
reference to the place of Individuals and Non-State entitles in International
law. 20
(b) Do you agree with the
statement that “Beginning with the Stockholm Declaration of 1972, there has been
an increased reliance upon non-binding international instruments dealing with
environment”? Why has this trend developed and have these instruments been more
useful than treaties? Explain. 15
(c) It is generally viewed
that “What the U.N. did in the 20th century for maintenance of peace and
security, the W.T.O is going to play the same role on economic and trade
relations in 21st century.” Discuss the above statement in view of the changing
notion of political sovereignty to economic sovereignty of State. 15
UPSC 2018 LAW Paper II
Time Allowed : 3.00 Hrs Maximum Marks : 250
SECTION
"A"
Q.1 Answer the following about 150 words each. Support
your answer with legal previsions and judicial pronouncements. (10×5=50)
(a) “Whether the maxim
„actus non facit reum nisi mens sit rea‟ in general and the Common Law doctrine
of „mens rea‟ as an independent doctrine in particular are relevant in the
interpretation of provisions of the Indian Penal Code?” Explain the above in
the light of justice opinions and judicial pronouncements.
(b) Critically examine the
development of the law relating to remoteness of damages. Which test do you
prefer for deciding the question of remoteness of damages and why? Give reasons
for your answer.
(c) In view of the
consistent opinion rendered in Aruna Shanbaug case and also considering the
socio-legal medical and constitutional significance of Euthanasia, do you
consider that the view expressed by the Constitutional Bench of Supreme Court
in Common Cause (Architecture Regd. Society) vs. Union of India (2018) is
conclusive? Common critically.
(d) “The paramount task of
the law of torts is to pay an important regulatory role in the adjustment of
losses and eventuate allocation of their cost and that until the emergence of
the welfare state, the law of torts provided the only source for alternating
the plight of the injured.” In the light of the above statement, discuss the
nature and scope of law of torts and substantiate your answer with leading case
law. Also discuss the position in India.
(e) “Right of private
defence to the extent of causing death of an assailant cannot be based on the
surmises and speculation. The accused must be under a bonafide fear of death or
grievous hurt would otherwise be the consequence of the assault, if he does not
defend. To determine the existence of apprehension is always a question of
fact.” Explain the above proposition in the light of existing legal
provisions and judicial decisions.
Q.2
(a) “Section 300 (4) of the
Indian Penal Code will be applicable in cases where the knowledge of the
offender as to the probability of death of a person approximates to practical
certainty.” Illustrate the above statement. 20
(b) Explain the maxim
„volenti non fit injuria‟. Is the knowledge of risk not the same thing as
consent to suffer the risk? Support your answer with judicial pronouncement. 15
(c) A group of persons
decided to act in concert with common intention to commit rape on victim (V).
More than one person from the group, in furtherance of common intention, acted
in concert in the commission of rape as per pre-arranged plan. One lady member
of the group facilitated the commission of such rape by many persons of the
group. The essence of liability in such situation being the existence of common
intention. Decide the criminal liability of the following members of the group
1. Who were members of the plan but did not participate in the act
2. Who committed rape
3. The sole lady member who lend full facilities for the commission
of rape.
Q.3
(a) Six people decided to
carry out dacoity of a bank in a village. They went to the bank to commit it,
but were intercepted by police. All of them ran away. While the police was
chasing them, one of the dacoits (X) killed Mr.Y. who tried to obstruct his
way. Decide liability for the murder committed by one of them in view of
Sections 391 and 396 of the Indian Penal Code. 15
(b) “A master is liable for
all acts of his servant done during the course of employment.” Explain it in
general and from Indian perspective in particular. 15
(c) Corruption by public
servants has become gigantic problem. Large scale corruption retards the
nation-building activities and everyone has to suffer on their count. The
efficiency of public servant would improve only when the public servant does
his duty truthfully and honestly. Therefore, in such cases, it is difficult to
accept any plea of leniency in sentence (State of MP Vs.Shambhu Dayal Nagar
(2006) 8 SCC 693). Comment. 20
Q.4
(a) “Plea bargaining in
India is the truncated one, as it is applicable to sentence only and not to the
charge. Equally it is a court-monitored procedure, except that it provides a
clause
related to compensation to the victim.” Critically analyse the retention of
such provision in the Indian Criminal Justice dispensation. Also suggest
reforms, if any you understand are necessary. 15
(b) “Rule of absolute
liability has been expounded by the apex court in M.C.Mehta‟s vs Union of
India.” How far is it a reform over the rule of strict liability? Comment. 15
(c) “For fixing criminal
liability of a doctor under Section 304-A of the Indian Penal Code, it is
necessary to prove that the act complained against the doctor must show such
rashness or negligence of such higher degree as to indicate mental state which
can be described as totally apathetic towards patient. Such gross negligence
alone is punishable.” In the light of the latest judicial pronouncement,
explain the above statement. 20
SECTION-"B"
Q.5 Answer the following in about 150 words each. Support
your answer with relevant legal provisions and decided cases: 10×5=50
(a) If certain goods
are displayed either in a show window or inside the shop and such goods bear
price tags, discuss whether such display amounts to an offer to sell. Explain
the distinction between offer and invitation to offer with the help of decided
cases.
(b) In an action to avoid a contract on the ground of undue influence, the
plaintiff has to prove two points. Explain those points and different kinds of
relations leading to presumption of undue influence which vitiates free
consent.
(c) Section 28 of the
Indian Contract Act, 1872 makes agreements in restraint of legal proceedings
void. Are there any exceptions to this rule? Discuss with the help of relevant
provisions and decided cases.
(d) Public Interest
Litigation (PIL) in India, of late has been used not only to represent the
unrepresented and weak but also to advance the interest of others. Comment on
the recent trends relating to the application, use and misuse of PIL in India.
(e) In spite of
introduction and recognition of Technological Protection Measures (TPMSs), the
digital copyright continues to be unsafe and unsecured. Explain the impact of
the 2012 Amendments to the Copyright Act, 1957 on the protection of digital
copyright in India.
Q.6
(a) “It is well settled
that if and when there is frustration, the dissolution of the contract occurs
automatically. It does not depend on the choice or election of either party. It
depends on the effect of what has actually happened on the possibility of
performing the contract.”Discuss the effects of frustration of contract. 20
(b) “If a person falsely
represents that he is an agent of another, the principal may ratify the act
even though the same was done without his authority.” Discuss, in the light of
the above statement, the essentials of valid ratification and its effect. 15
(c) „Sustainable
development‟ has been accepted as a balancing concept between ecology and
development. Discuss the recognition and application of this principle under
the laws relating to environmental protection in India. 15
Q.7
(a) If an officer with an
intelligence of the Government receives a cheque for consideration on the basis
of an agreement to pass on intelligence inputs, can such cheque be enforceable
under Section 138 of the Negotiable Instruments Act, 1881? Discuss the scope of
the legally enforceable liability of the drawer under Sections 138 and 139 of
the Act. 20
(b) “E-governance
represents a new form of governance which needs dynamic laws, keeping pace with
the technological advancement.” Comment on the adequacy of the Information
Technology Act, 2000 in ensuring effective E-governance in India. 15
(c) Even though Section 89
of the Code of Civil Procedure, 1908 provides for out of court settlement of
civil disputes filed in a civil, the impact of such settlement through
Alternative Dispute Resolution (ADR) appears to be poor. Analyse the reasons
for failure to settle the disputes through ADR modes. 15
Q.8
(a) The courts have found
it very difficult to come to the rescue of the weaker party to a standard form
contract, and thus evolved
certain modes to protect such weaker party against the possibility of
exploitation inherent in such contracts. Explain the modes of protection
available to weaker party in a standard form contract. 20
(b) Trial by media appears
to be an affront to the concept of free and fair trail in criminal cases, apart
from being a kind of contempt of court in certain cases. Analysis the impact of
trial by media on the administration of criminal justice in general and on the
stakeholders in particular. 15
(c) “Mahatma Gandhi, the
Father of Nation, observed that the meaning of real freedom is not to acquire
authority by few but to acquire the capacity to question the abuse of such
authority.”
Examine, in the light of the above statement, the obligations of the public
authorities and explain whether they have discharged it effectively during the
last about seven decades. 15
UPSC IAS Mains Law (Paper-I)
Marks:
250
Time Allowed: 3 Hours
SECTION – A
Q1.
Answer the following in about 150 words each.
(a) Discuss the importance of Rights
to life and personal liberty with reference to recent case laws.
(b) Is ‘Secularism’ an essential feature of the Constitution of India? Explain
in the light of decided case laws.
(c) Elucidate the scope of the appellate jurisdiction of the Supreme Court of
India under the constitution with regard to Criminal matters.
(d) Explain the phenomenon of tribunalisation of justice in India.
(e) Breifly explain the grounds on which administrative actions can be
subjected to judicial review.
Q2.
(a) What is the position of Governor
in State? Examine the Pardoning Powers of the Governor under the Constitution.
Is Pardoning power, subject to judicial review?
(b) In view of the importance of Panchayti Raj institution in local governance,
do you think the idea of prescribing educational qualification to contest local
body election is undemocratic and incoherent?
(c) Explain the significance of the rule of ‘AUDIALTERSMPSRTEM’ in
administrative decision making and state the circumstances under which ‘post
decisional hearing’ can effectively satisfy the mandate of natural justice.
Q3.
(a) Evaluate the constitutional
provisions relating to administrative relation between the Union and the state
with special emphasis on inter-governmental delegation of administrative power.
(b) Discuss the law relating to the powers of Parliament and State Legislatures
to punish a person for breach of their privileges.
(c) Discuss the circumstances under which ‘Financial Emergency’ can be
proclaimed by the President of India and effects thereof.
Q4.
(a) Examine the powers and role of Election
Commission of India in conducting free and fair election.
(b) Do you think the current trends in judicial activism in India are
inconsistent with the Principles of Separation of Powers, which is considered
to be one of the basis features of the Constitution?
(c) Do you think the institution of Lokpal, as envisaged under the Lokpal and
Lokayukta Act, 2013, is efficacious enough to curb corruption in India? State
the inadequacies in the legislative framework, if any.
SECTION – B
Q5.
Answer the following in about 150 words each.
(a) What are the theories relating to
relationship between International Law and Municipal Law? Elaborate.
(b) What are the factors that govern the recognition of insurgency and
belligerency?
(c) Does the International Court of Justice (ICJ) have the competence to
determine its own jurisdiction? Discuss with case law.
(d) Define ‘hijacking’ and discuss the main provisions of the hague
Convention,1970.
(e) Comment on the provisions relating to prohibition of use of force and
exceptions thereto under the U.N. Charter,1945.
Q6.
(a) Define ‘high sens’. Discuss in
brief the provisions of the convention on high seas. Is freedom of fishing on
high sens recognized?
(b) The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) is
playing an important role in maintaining the stability of the global economy.
Comment.
(c) Enumerate the various methods of Peaceful Settlement of International
disputes. Elaborate on judicial settlement.
Q7.
(a) What do you mean by Human
Environment? Discuss the role of United Nations Organisation (UNO) in
protecting and improving the human environment.
(b) Define ‘Nationality’. What are the modes of acquisition and loss
nationality? What is the position of nationality of married woman?
(c) Discuss the provisions relating to amendment and modification of treaties
under the Vienna Convention on Law of Treaties, 1969.
Q8.
(a) Explain the main provisions of the
Treaty on the Prohibition of Nuclear Weapons, 2017.Do you think it can lead to
complete elimination of nuclear weapons?
(b) Discuss the scope of right of asylum under International Law and explain
‘territorial’ and ‘extra-territorial’ asylum.
(c) Elucidate the fundamental principles of International Humanitarian Law as
envisaged under International Conventions.
UPSC IAS Mains Law (Paper-II)
Marks: 250
Time Allowed: 3 Hours
SECTION – A
Q1. Answer the following in about 150 words each. Support your
answer with legal provisions and judicial pronouncements:
(a) “Law recognizes
that ‘mistake’ must be in good faith.” In this backdrop, explain the defence of
‘mistake’ contained under General Exceptions of the Penal Code.
(b) In all robbery, there is
either theft or extortion. Explain.
(c) “Law of torts is said to be a
development of the maxim ‘Ubi jus ibi remedium’.” Discuss the statement.
(d) Explain ‘necessity’ as a
defence for the liability of tort and also mention the classes of necessity.
(e) “The object of the Protection
of Civil Rights Act, 1955 is to abolish untouchability.” Discuss.
Q2.
(a) “Section 34 is
incorporated in the Indian Penal Code to deal with the cases where it is very
difficult to distinguish precisely the part taken by each individual in
criminal act.”
(b) Discuss the different forms
to outrage the modesty of a woman which have been made punishable in the Indian
Penal Code through the Criminal Law (Amendment) Act,2013.
(c) When, under the law of torts
even using reasonable care, is a person liable for the tort of negligence?
Discuss.
Q3.
(a) “There is a
very thin but fine and subtle distinction between culpable homicide and murder.
The difference lies merely in the different degrees of probability of death
ensuing.” Discuss the statement and refer to decided cases.
(b) When is principal not liable
for the torts committed by his servant? Discuss.
(c) Mention the defences of torts
of defamation and also discuss whether exceptions given under the Indian Penal
Code, 1860 for the offence of defamation may be claimed as additional grounds
by the defendant.
Q4.
(a) “Consumer
Protection Council also play a very important role in consumer protection.”
Examine the statement and elaborate the objects, composition and functions of
the Central, State and District Consumer Councils.
(b) “In order to constitute
criminal attempt, the act caused must be proximate to the intended result.”
Explain the observation with the help of decided case law.
(c) Explaining the concept of ‘no
liability’, mention the Indian Acts in which this concept has been
incorporated.
SECTION – B
Q5. Answer the
following in about 150 words each. Support your answer with relevant legal
provisions and decided cases:
(a) “Minority can
only be claimed as a shield but not as a sword.” Explain the statement and
mention the situations when a minor is liable under the law of contract.
(b) “Public policy is like an
‘unruly horse’ which cannot be controlled easily.”Explain the statement and
mention the agreements which are against public policy.
(c) “Right to stoppage of goods
in transit starts when right to lien ends”. Discuss.
(d) Discuss the various defences
which can be pleaded by the defendant in an action for infringement of
copyright under the Copyright Act, 1957.
(e) When does the infringement of
trademark occur? Discuss the essentials of infringement of trademark. Write
down the acts not constituting infringement of registered trademark.
Q6.
(a) Discuss the
constitution, jurisdiction, powers and authority of National Green Tribunal.
How far has it been successful in achieving its objectives? Explain with the
help of recent cases
(b) “Revocation of proposal is
death of the proposal.” Explain the statement and mention the manners of
revocation.
(c) Explain ‘holder’ and ‘holder’
in due course’, and distinguish between the two. Also discuss their rights.
Q7.
(a) “Section 74 of
the Indian Contract Act, 1872 has cut down the most troublesome knot of common
law doctrine of awarding damages.”Discuss the statement.
(b) “Public interest litigation
has played a very crucial role in protection of environment in India.”
Elucidate and illustrate with the help of decided cases.
(c) “Notwithstanding transparency
of governance, certain information’s have been exempted from disclosure under
the rights to information Act, 2005.” Discuss the relevant provisions and
limitations on disclosure of information.
Q8.
(a) Under the
Indian Contract Act, 1872, when is a contract deemed to be entered into by the
parties? Discuss.
(b) “An invention has to satisfy
certain conditions in order to get a patent.”Examine critically the statement.
(c) How far is the Competition
Act, 2002 an improvement over the monopolies and Restrictive Trade Practices
Act, 1969 (MRTP Act, 1969) with respect to ‘abuse of dominant position? Discuss
and explain the relevant statutory provisions.
UPSC
Mains Law Paper-1
SECTION—A
1.(a) Explain the concept of Federalism'as incorporated in the
Indian Constitution. 10 marks
(b) "The procedure adopted for amending the Constitution is unique; it is
not rigid yet difficult." Elaborate. 10 marks
(c) The rule against bias strikes at such factors which may improperly
influence in arriving at a decision. Comment. 10 marks
(d) What do you understand by the term "Eminent Domain'? Discuss its
relevance in the present-day context. 10 marks
(e) Discuss thc relationship between "Fundamental Rights' and 'Directive
Principles of State Policy in the light of the constitutional amendments and
decided cases. 10 marks
2.(a) Discuss the legislative powers of the Union and States as
provided in the Constitution on the basis of subjects and territory. 20 marks
(b) Discuss 'Residuary Powers' of the Parliament to legislate. 15 marks
(c) "The need for administrative rule making entails delegated
legislation." Comment. 15 marks
3.(a)
Briefly enumerate the executive powers of the President, especially when two or
more States are involved in non-observance of an inter-State agreement. 15
marks
(b) While discussing the underlying principle of the 99th Amendment Act, 2014,
comment on the present system of appointment of judges to the Higher Judiciary
in the country. 20 marks
(c) Discuss the powers and functions of the Union Public Service Commission.
Also explain how it has maintained its impartiality. 15 marks
4.(a)
"The 'Rule of Law is based on the principle of legality and is opposed to
exercise of arbitrary powers." Discuss. Explain whether failure to give
reasons amounts to exercising power arbitrarily. 20 marks
(b) The role of 'Ombudsman' is to correct the administrative faults which are
troubling the rights of a person in view of proliferation of trading entities.
Discuss. 15 marks
(c) "The Policy and Guideline Theory' presupposes delivery of justice by
quasi-judicial authority." Elaborate it. 15 marks
SECTION-B
5.(a) Discuss the nature and basis of International Law. 10
marks
(b) Discuss the status of individual in International Law especially with
respect to Human Rights Treaties. 10 marks
(c) A treaty is void if it conflicts with an existing or new or emerging
peremptory norin of International Law or jus cogens' at the time of its
inclusion. Comment. 10 marks
(d) Discuss whether the trend of convention providing a special clause
prohibiting all kinds of reservations or some or specific or special kind of
reservation or prohibiting reservations totally will hinder the growth of
International Law. 10 marks
(e) International Law cvidences the evidentiary theory of recognition. Discuss.
10 marks
6.(a) Discuss how International Law becomes part of the law of
the land in India. In case of conflict between the International Law and
Municipal Law, which one would be applied by the Municipal Courts of this
country? Explain. 20 marks
(b) Can India invoke the India-UK Mutual Legal Assistance Agreement for
extraditing an Indian national who has run away to UK in spite of an Indian
Court order in respect of fraud and money laundering against him? Explain. 15
marks
(c) What are the essential differences between the International Humanitarian
Law and International Human Rights Law? Explain. 15 marks
7.(a) Discuss the legal regime of right of innocent passage'
through the territorial waters (including international straits) of a State. 20
marks
(b) Discuss the law of delimitation of the continental shelf of a State
including the continental shelf common to two or more States. 20 marks
(c) Discuss the functions, powers and jurisdiction of the International
Tribunal for the Law of the Sea (ITLOS) established under the UN Convention on
the Law of the Sca, 1982. 10 marks
Law Paper-2
SECTION—A
1. Answer the following in about 150 words each. Support
your answer with legal provisions and judicial pronouncements. 10x5=50 marks
(a) "In determining the quantum of criminal liability, the
law takes into account the motive, magnitude and character of the
offender." Examine this statement in the light of absence of mens rea in
statutory offences. 10 marks
(b) "The Prevention of Corruption Act, 1988 prevents the public servants
from misuse and abuse of their official capacity." Comment. 10 marks
(c) "No fault liability rule has undergone a drastic change in the recent
past." Comment. 10 marks
(d) "Malice is not to be inferred merely from the acquittal of the
plaintiff. The plaintiff must prove independently of the acquittal that his
prosecution was malicious and without reasonable and probable cause."
Comment. 10 marks
(e) Critically examine the Code of Criminal Procedure (Amendment) Act, 2005
especially with reference to plea bargaining. 10 marks
2.(a) "Section 124A of the IPC dealing with sedition is
ultra-vires of the Constitution insofar as it seeks to punish merely bad
feelings against the Government. It is an unreasonable restriction on freedom
of speech and expression guaranteed under Article 19(1)(a) and is not saved
under Article 19(2) of the Constitution by the expression "in the interest
of public order"." Comment.20 marks
(b) "Culpable homicide is not murder, if it is committed without
premeditation, in a sudden fight in the heat of passion." Critically
examine the statement with leading case law. 15 marks
(c) "A man is not criminally responsible for unintended and unknown
consequences of his lawful acts performed in a lawful manner, by lawful means
with proper care and caution." Elucidate. 15 marks
3.(a) "Harm suffered voluntarily does not constitute a legal
injury and is not actionable." Elaborate along with its limitations. 20
marks
(b) "Direct evidence of negligence, however, is not always necessary and
the same may be inferred from the circumstances of the case." Elucidate
with cases. 15 marks
(c) "It is immaterial whether the defendant intended the defamatory
statement to apply to the plaintiff or knew of the plaintiff's existence if the
statement might reasonably be understood by those who knew the plaintiff, to
refer to him." Elucidate with case law. 15 marks
4.(a) "Provisions of the Consumer Protection Act, 1986
shall be in addition to and not in derogation of the provisions of any other
law for the time being in force." Critically examine the statement. 15
marks
(b) "The law making conspiracy a crime is designed to curb immoderate
power to do mischief which is gained by a combination of the means."
Explain. 15 marks
(c) "Every confinement of the person is an imprisonment, whether it be in
a common prison or in a private house, or in the stocks or even by forcibly
detaining one in the public streets." Explain with the help of case law. 20 marks
SECTION B
5. Answer tho following in about 150 words each. Support
your answer with relevant legal provisions and decided cases. 10x5=50 marks
(a) "An offer is to an acceptance what a lighted
match-stick is to a train of gunpowder. It produces something which cannot be
recalled or undone" — Anson. Explain. 10 marks
(b) "Every contract contains a 'core' or 'fundamental obligation' which
must be performed. If one party fails to perform this fundamental obligation,
he will be guilty of a breach of contract whether or not any exempting clause
has been inserted which purports to protect him." Critically examine the
statement with case law. 10 marks
(c) "In determining whether a group of persons is or is not a firm, or
whether a person is or is not a partner in the firm, regard shall be had to the
real relations between the parties, as shown by all relevant facts taken
together." Comment. 10 marks
(d) A owed B ३ 1,000, but the debt is barred by the Limitation Act,
1963. Subsequently A signs a written promise to pay 1,000 on account of the
previous debt. Decide the validity of this agreement. 10 marks
(e) "Every sole maker, drawer, payee or endorsee, or all of joint makers,
drawers, payees, or endorsees, of a negotiable instrument may endorse and
negotiate it." In the light of the above statement, distinguish between
endorsement and negotiation and also explain different kinds of fendorsements'.
10 marks
6.(a) "The Right to Information Act, 2005 was enacted in
order to promote transparency and accountability in the working of every public
authority." How far has this goal been achieved by the Right to
Information Act, 2005 in the last ten years ? Critically analyse your answer
with the support of exceptions and case law. 15 marks
(b) “Though there is no law for media trial, however, in freedom of expression
and speech under fundamental rights, media has the freedom to express its views
based on evidence. This trial has no authority before the court of law."
Critically examine the statement with case law. 15 marks
(c) “There can be a mistake of identity only when a person bearing a particular
identity exists within the knowledge of the plaintiff, and the plaintiff
intends to deal with him only. If the name assumed by the swindler is
fictitious, there will be no mistake of identity." Examine the statement
with leading case law. 20 marks
7.(a) Highlight the important amendments made in the Arbitration
and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment) Act,
2015. 15 marks
(b) “The revocation of agent's authority can be made by the principal subject
to certain rules." Examine these rules in the light of protection to
agent. 15 marks
(c) "The rights of unpaid seller do not depend upon any agreement, express
or implied, between the parties. They arise by implication of law."
Elucidate. 20 marks
8.(a) "The object of awarding damages for a breach of
contract is to put the injured party in the same position, so far as money can
do it, as if he had not been injured." In the light of the above
statement, explain the various kinds of damages that the court can award. Also
explain the rules relating to assessment of damages. 20 marks
(b) Explain the salient features and your views on the Information Technology
Act, 2000 as amended in 2008 by the Information Technology (Amendment) Act,
2008. 15 marks
(c) "The object of Public Liability Insurance Act, 1991 is to provide
relief to the victims of accidents in hazardous industries in addition to any
other right to claim compensation." Explain with case law. 15 marks
UPSC Mains 2015: Law (Paper -1 & 2) Optional Question
Paper
Paper 1
SECTION ‘A’
Q1: Answer the following (each answer should be in about
150 words):
a.
What do you think
is the form/nature of our Constitution — Federal, Unitary or Quasi-federal? The
Members of the Drafting Committee call it federal, but many others would
dispute this title. Critically examine the statement.10 marks
b.
What is
‘Constitutionalism’? Explain the said concept both in its negative and positive
aspects in the,context of India’s tryst with ‘Constitutionalism’ and
‘Constitutional Governance’. 10 marks
c.
Article 13 makes
the judiciary, and especially the Apex Court, as a guardian, protector and the
interpreter of the Fundamental Rights. It confers a power as well as imposes an
obligation on the Courts to declare law void if it is inconsistent with a
Fundamental Right. Discuss.10 marks
d.
Explain the scope
of the ‘Special Leave Jurisdiction’ of the Supreme Court as expounded by it. 10
e.
Examine the
doctrine of separation of powers. Also mention the relevance of this doctrine
in India. 10
Q2: Answer following Questions (20 + 15 + 15 marks)
a.
The concept of
‘Reasonable Opportunity’ being a constitutional limitation on the doctrine of
‘Tenure Pleasure’, Parliament or State Legislature can make a law defining the
content of ‘Reasonable Opportunity’ and prescribing procedure for affording the
said opportunity to the accused government servant. Explain the concept with
reference to leading cases.20.
b.
Explain and
elucidate the meaning of the ‘Right to personal liberty’ as interpreted by the
Supreme Court in Papanasam Labour Union v. Madura Coat Ltd. AIR 1995 S.C. 2200.
Analyse critically the guidelines prescribed by the Hon’ble Supreme Court in
this respect.15 Marks
c.
Define the term
‘public servant’. Also discuss the recruitment procedure of public servants in
India. 15
Q3: Answer following Questions (20 + 15 + 15 marks)
a.
Examine and
elucidate the constitutional scope of the Ordinance making power of the
President and the Governors in India.20
b.
A backward class
cannot be identified only and exclusively with reference to economic criterion.
A backward class may, however, be identified on the basis of
occupation-cum-income without any reference to caste. There is no
constitutional bar in the State categorising the backward classes as `backward’
and ‘more backward’. Do you agree with the statement? Give reasons.15 Marks
c.
What is ‘Public
Interest Litigation’? What are the major facets of this form of litigation?
Also discuss the limitations of this type of litigation.15 Marks
Q4: Answer following Questions (20 + 15 + 15 marks)
a.
Define and
distinguish between ‘Constituent power’, ‘Amending power’ and ‘Legislative
power’. Give illustrations.20
b.
Do you agree with
the statement that “all human rights are fundamental rights protected and
recognised by the Constitution of India”. Discuss with reference to statutory
provisions and case laws.15 Marks
c.
Enumerate the
fundamental duties as provided in the Constitution of India. Also discuss the
rationale behind the incorporation of fundamental duties in the Constitution of
India later on.15 Marks
SECTION ‘B’
Q5. Answer the following (each answer should be in about
150 words) :
a.
It is impossible to
fix a precise date or period in history to mark the beginning of International
Law as it predates recorded history. Critically examine the history, nature,
scope and relevance of International Law in Contemporary International
Society.10 marks
b.
International Law
sets little or no limitation on the jurisdiction which a particular State may
arrogate to itself. Explain the nature and scope of ‘State Jurisdiction’.
Critically examine the principles of ‘State Jurisdiction’.10 marks
c.
Recognition confers
the legal status of a State under International Law upon the entity seeking
recognition. Important legal effects are being derived from recognition.
Critically examine the statement 10
d.
International
Treaties are agreement of contractual character between States or organisation
of States creating legal rights and obligations between the parties. Examine
the statement critically and explain the growing importance of Treaties in
Modern International Law.10 marks
e.
What do you
understand by the concept ‘Diplomatic Immunity’. What rules are provided under
International Law in this respect. Discuss.10 marks
Q6: Answer following Questions (20 + 15 + 15 marks)
a.
Explain the concept
of `International Humanitarian Law’. How can it be achieved.? Critically
examine the role of ‘The Hague’ and ‘The Geneva Convention’ in the development
of Modern International Humanitarian Law.20
b.
`In several
respects the TRIPS Agreement goes beyond the traditional GATT approach and
further develops the law of International Trade’. Examine the important
achievement of the Agreements on Trade Related Aspects of Intellectual Property
Rights. (TRIPS).15 Marks
c.
What ‘Fishery
zone’? How it is different from ‘Exclusive Economic Zone’? Do you agree with
the statement that ‘a coastal state has a special interest in the maintenance
of the productivity of the living resources in any area of the high seas
adjacent to its territorial sea’. Elucidate.15 Marks
Q7: Answer following Questions (20 + 15 + 15 marks)
a.
What are the
objectives, structure and functioning of World Trade Organisation? Does signing
and ratifying WTO undermine the Parliamentary Autonomy of India? Discuss.20
b.
Trace the
development of International Law relating to sovereignty over air-space.
Critically examine the scope of legal control of use and abuse of outer
space.15 Marks
c.
Define intervention
and mention the grounds under which it is justified. Also throw light on the
violations this principle of International Law.15 Marks
Q8: Answer following Questions (20 + 15 + 15 marks)
a.
“Asylum stops as it
were when extradition begins”. Comment. Also explain the various principles of
extradition with reference to leading cases.20
b.
Define the concept
of ‘opposability’ in the context of relationship between International Law and
Municipal Law. Also discuss the relevance of this concept in modern times with
special reference to India.15 Marks
c.
What is the
importance and meaning of ‘Base Line’ under UN convention on Law of Sea 1982?
How is it determined?15 Marks
Paper 2
Section A
Q1. Answer the following in about 150 words each. Support
your answers with legal provisions and judicial pronouncements: 10×5=50
a.
What is meant by
right of private defence? What are the general principles which form the basis
of right of private defence?10
b.
Discuss various
stages of crime. How is the stage of attempt punishable under the Indian Penal
Code?10
c.
“The maxim is
`volenti non fit injuria’ and not `scienti non fit injuria’.” Explain. 10
d.
“A tort is a specie
of civil wrong.” Examine this definition and add other features to make it
comprehensive.10
e.
“Prevention of
Corruption Act, 1988 is an important legislation to safeguard democracy in
India.” Discuss.10
Q2: Answer following Questions (20 + 15 + 15 marks)
a.
What are the
constituent elements of crime? Elaborately discuss mens rea with relevant case
law.20
b.
`A’ assaulted his
wife by kicking her repeatedly on non-vital parts of her body. She fell down
and became unconscious. In order to create an appearance that she had committed
suicide he took up the unconscious body and thinking it to be a dead body hung
it up by a rope. The post mortem examination showed that death was due to
hanging. With the help of decided cases determine the culpability of A.20
c.
“The abetment of
the illegal omission of an act may amount to an offence although the abettor
may not himself be bound to do that act.” Explain and illustrate.10
Q3: Answer following Questions (20 + 15 + 15 marks)
a.
“Criminal breach of
trust and cheating are two distinct offences generally involving dishonest
intention but mutually exclusive and different in basic concept.” Explain with
the help of decided cases.20
b.
“Distinction
between death caused by rash or negligent act under section 304-A and culpable
homicide not amounting to murder under section 304 of the Indian Penal Code is
fine, but if overlooked, can result in grave injustice.” Discuss.20
c.
“The age of a child
must be considered in deciding whether it has been guilty of contributory
negligence.” Discuss and refer to case law.10
Q4: Answer following Questions (20 + 15 + 15 marks)
a.
“Although the
decision of the Supreme Court in Kasturi Lal v. State of U.P. has not been
overruled as such, yet for all practical purposes its force has been
considerably reduced.” Elucidate.20
b.
W, wife of A was
diagnosed to be suffering from toxic Epidermal Necrolysis. Doctor D was
consulted who prescribed a long acting Cortico steroid `Depomedrol injection at
a dose of 80 mg twice daily. Despite administration of this medicine her
condition deteriorated rapidly and she died within a week. On expert opinion,
it was found that the line of treatment followed by D is not supported by any
school of medical thought and is in sheer ignorance of basic hazard relating to
use of steroids. A files a complaint in Consumer Forum claiming Rupees 75 lakhs
as damages for death of his wife W. D objects to the jurisdiction of the
Consumer Forum and also pleads lack of negligence on his part. Decide.20
c.
“It is not
necessary that in all cases of tort of defamation there must be a loss of
reputation of the plaintiff.” Explain and illustrate.10
Section B
Q5. Answer the following (answer to each part must not
exceed 150 words). Support your answer with relevant legal provisions and
decided cases :10×5=50
a.
If a contract is
broken, the law will endeavour so far as money can do it, to place the injured
party in the same position as if the contract had been performed. Explain the
above statement and discuss the principle court follows for assessment of
damages.10
b.
“The procedure and
qualifications for appointment of chairperson and members of Cyber Appellate
Tribunal have been introduced to keep up the standards of Justice.” Comment.10
c.
Arbitration, as an
alternate method of adjudication is acceptable to parties largely irrespective
of the fact that access to court by the parties has been curbed drastically
under the Arbitration and Conciliation Act, 1996. Explain.10
d.
The actual concept
of partnership from ‘people sharing the profit’ to ‘mutual responsibility’ was
the outcome of the decision in Cox V Hickman case. Elaborate.10
e.
“The liability of
sub-agent towards principal is not direct, except in case of fraud and wilful
wrong.” Explain giving reasons.10
Q6: Answer following Questions (20 + 15 + 15 marks)
a.
X and Co. in its
prospectus represented that A, B and C would be the directors of the company.
This was true and on the basis of this P and Q applied for shares. However,
before the allotment took place, there were changes in directors. Is the
allotment of P and Q subject to their choice or it stands cancelled due to change
in directors? Discuss.10
b.
Stands as a surety
for the good conduct of B, who is employed in a Bank on a monthly salary of Rs.
1,600. Three months after when the financial position of the bank deteriorated
B. agreed to accept a monthly salary of Rs. 1,500. Two months after, it is
discovered that B has been misappropriating cash all through. What is the
liability of A as surety under the Indian Law?20
c.
Judiciary in India
is impartial, hence can not be influenced by internal or external factors. In
the light of this discuss how far media transgresses its limit and attempts to
influence the judicial process.20
Q7: Answer following Questions (20 + 15 + 15 marks)
a.
“Copyright is the
right of the artist, author, producer of a film who have created a work by use
of their artistic skills.” Examine infringement of copyright particularly
relating to video piracy and the remedies available under the law.20
b.
The doctrine of
“Public Trust” as propounded by Supreme Court has worked as an instrument for
protection of Environment in India. Discuss.15
c.
Explain the scope
of rule of “Caveat Emptor” in the expanding law of consumer protection.15
Q8: Answer following Questions (20 + 15 + 15 marks)
a.
“Right not to
compete” is a right meant for promoting business through small groups called firms.
Explain.20
b.
“By and large
Lok-Adalats have failed in achieving the objects for which they were created.”
Comment. And also suggest some measures to make this institution more
effective.10
c.
Cyber-terrorism is
a well organised transborder criminal act, hence a combined domestic law
supported by a Global law may help to address the problem. Discuss.20
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