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(The Gist of Science Reporter) Doctor Dogs to Detect Coronavirus

[July-2020]

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Doctor Dogs to Detect Coronavirus

• The to 300 million olfactory receptors in the noses, against about only 6 million in man. It can smell something dog’s sense of smell is legendary. It possesses up buried from 40 feet away and detect odours of a concentration of parts per billion. Now, its service has been called upon for the detection of COVID 19 too. The utilisation of dog’s highly sensitive sniffing power in detecting diseases began with different types of cancer in 2006, when a team of researchers of the Pine Street Foundation, Marine Country of California led by Micheal Mc Culloch found that the animal could identify breast and lung cancer with 99% accuracy. In 2015, a team of Italian researchers announced that they had trained two German shepherds to detect a chemical linked to prostate cancer in urine. Besides various types of cancer, dogs have shown the ability of detecting diseases like malaria, urinary tract infections, hypoglycemia (low sugar), Parkinson’s disease and others. In fact, they have even been branded as Medical Detection Dogs or “Doctor Dogs”.
• On 16 May 2020, the UK government announced a 5,00,000 pound funding to start trials with specially trained “Covid Dogs” that may be able to detect the coronavirus in humans from the odour samples before the symptoms appear. It can serve as a potential new non-invasive early warning measure.
• The researchers at the London School of Hygiene and Tropical Medicine (LSHTM) have begun to carry out the first phase of the trial in collaboration with the Charity Medical Detection Dogs and Durham University. Experts from these institutions already have previous experience in training dogs to detect odours of some diseases in humans. Initially, the National Health Service in London hospitals has been engaged to collect samples from the people who are infected by the coronavirus. Six bio-detection dogs, a mixture of Labradors and Cocker spaniels, have been selected to undergo thorough training to identify the virus. Earlier research with Medical Detection Dogs has shown that the dogs that can screen up to 250 people per hour can be trained to detect the odour of a disease of the equivalent dilution of “One teaspoon sugar in two Olympic sized swimming pools of water”.
• According to Professor James Logan, the lead researcher of the work and the Head of the Department of Disease Control at the LSHT, their previous work has shown that malaria has a distinct odour and it has become possible to accurately detect it with Medical Detection Dogs. He is hopeful that the same success can be repeated in the case of coronavirus.

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(The Gist of Science Reporter) Astronomers Find Closest Black Hole to Eart

[July-2020]

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Astronomers Find Closest Black Hole to Earth

• Astronomers the European Southern Observatory (ESO) along with from other institutes have discovered a black hole located just 1000 light-years from Earth. The black hole is closer to our Solar System than any other found till date and forms part of a triple system visible to the naked eye. The team of astronauts have found signs of the black hole by tracing its two companion stars by using the MPG/ESO 2.2-metre telescope at ESO’s La Silla Observatory in Chile.
• The system is located in the constellation of Telescopium, it is so close to us that its stars can be easily viewed from the southern hemisphere on a dark, clear night even without using binoculars or a telescope. The hidden black hole in HR 6819 does not interact violently with its environment thus appears truly black. The team of astronomers was able to spot its existence and calculate its mass by studying the orbit of the star in the inner pair.
• The research is presented in the paper “A naked-eye triple system with a non-accreting black hole in the inner binary,” and published in Astronomy & Astrophysics.

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(The Gist of Science Reporter) A Common Consumer-friendly Charger

[July-2020]

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A Common Consumer-friendly Charger

Why common charger for all mobile phones and portable can’t we have a devices, including tablets, e-readers and digital cameras?

• It will not only save the frustration of borrowing a friend’s charger only to find it does not fit into the phone but will also save a tremendous amount of electronic waste. Around the middle of January 2020, the European Parliament held a hearing on a measure to require smartphone makers to produce a common charger for all mobile and portable devices sold in the region. The members of the European Parliament at the hearing, held during the mid of January, lamented the failure to legislate a universal charger, raising environmental concerns and blaming industry for thwarting measures.
• The European Commission is to publish a study soon to deliberate the next legislative steps. Indeed, a common charger for all phones will prove to be a boon and a much welcome step for users of mobile and portable devices.
• It will not only be convenient for all consumers, saving money for them incurred in purchasing multiple chargers but will also save thousands of tonnes of electronic waste. A common charger will, therefore, be not only consumer-friendly but also “healthy” for the planet’s environment.

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(The Gist of Science Reporter) Plant Virus-like Particles as Vehicles for Therapeutic Antibodies

[July-2020]

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Plant Virus-like Particles as Vehicles for Therapeutic Antibodies

• Monoclonal identical immune cells are highly effective, non- toxic and can specifically target diseased cells, and antibodies originating from are therefore used in immunotherapy to treat diseases such as psoriasis, cancer and autoimmune disorders. However, since these antibodies are unable to cross the cell membrane, they have mainly been used against antigens present on the surface of cells.
• Delivering such therapeutic antibodies into a cell to target antigens present inside requires a vehicle that can cross the cell membrane. Virus-Like Particles (VLPs) have this ability. VLPs have only the structural components of a virus but not the genetic material, which makes them non-infectious. Now, researchers at the Indian Institute of Science (IISc) have developed a VLP of a plant virus called the Pepper Vein Banding Virus (PVBV) to use as a possible vehicle to deliver antibodies into a cell. These VLPs can enter mammalian cells as well, despite being of plant origin.
• Previous research by the group has shown that plant VLPs that are spherical can be used to deliver antibodies. In a new study, published in the Archives of Virology, they have shown this ability in a rod-shaped VLP. This rod-shaped VLP has an added advantage of a large aspect ratio, due to which its surface has a greater number of regions that antibodies can bind to. This allows the rod-shaped VLPs to carry more antibodies than spherical VLPs.
• The researchers also chemically combined fluorescent molecules to the surface of the VLPs, which allows them to track and therefore check if the VLPs are delivering the antibodies to the right location. This technique works if assembled viral structures are used.
• The study is a proof of concept showing the advantages of using biodegradable, non-infectious and rod-shaped plant VLPs. Further research can be conducted on animal models to test the delivery of antibodies to specific cells, such as cancer cells. This can have immense therapeutic potential for the treatment of diseases such as cancer and neurodegenerative disorders.

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(The Gist of Science Reporter) MCQs on CHEMISTRY NOBEL
[November-2019]

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MCQs on CHEMISTRY NOBEL

1. How many individuals have been awarded Chemistry Nobel as of 2018?

180         
108        
175         
185

Answer: A

2. How many women have been awarded Chemistry Nobel till now?

6         
5        
4         
7

Answer: B

3. The first Nobel Prize in Chemistry was awarded in 1901 to a Dutch Chemist for his discovery of the laws of chemical dynamics and osmotic pressure in solutions. Name the scientist.

Peter D. Mitchell         
John Warcup Cornforth
Georg Wittig         
Jacobus Henricus Van’t Hoff

Answer: D

4. She was the first woman to get Chemistry Nobel for the discovery of the elements radium and polonium, by the isolation of radium. She was the only laureate who got the Nobel Prize in Physics (1903) & Chemistry (1911).

Irene Curie         
Dorothy Hodgkin    
Marie Curie     
Ada Yonath

Answer: C

5. British biochemist who won the Nobel Prize in Chemistry twice i.e. in 1958 & 1980.

Frederick Sanger         
William S. Knowles
Hideki Shirakawa     
Alan G. MacDiarmid

Answer: A

6. Name the German scientist(s) whose Government did not allow them to accept the Nobel Prize.

Richard Kuhn         
Adolf Butenandt
Both (a) & (b)         
None of these

Answer: C

7. In which field of Chemistry most of the laureates (at least 25) have received the Nobel Prize?

Physical Chemistry         
Inorganic Chemistry
Organic Chemistry         
Analytical Chemistry

Answer: C

8. Which French scientist was awarded the Chemistry Nobel jointly with her husband for their discovery of artificial radioactivity?

Frances Arnold     
Ada Yonath
Marie Curie         
Irene Joliot-Curie

Answer: D

9. British chemist who developed protein crystallography and for which she was awarded

Nobel in 1964.
Robert F. Curl Jr.     
Dorothy Mary Hodgkin
F. Sherwood Rowland     
Mario J. Molina

Answer: B

10. Israeli crystallographer who is best known for her pioneering work on the structure of the ribosome. She was the first Israeli woman to win the Nobel.

Maria Goeppert Mayer     
Donna Strickland
Ada Yonath             
None of the above

Answer: C

11. In 2018, which American chemical engineer was awarded the Chemistry Nobel for pioneering the use of directed evolution to engineer enzymes?

Frances Hamilton Arnold     
Kary B. Mullis
Rudolph A. Marcus         
Richard R. Ernst

Answer: A

12. Which Indian-born structural biologist shared 2009 Chemistry Nobel with Thomas Steitz and Ada Yonath? He was elected as the president of the Royal Society in 2015.

C.V. Raman     
Subrahmanyan Chandrasekhar
Venki Ramakrishnan     
None of these

Answer: C

13. Swedish physicist and chemist who was considered as one of the founders of physical chemistry and best known for Acid-base theory won the Nobel in 1903.

Elias James Corey     
Thomas Cech
Sidney Altman 
Svante Arrhenius

Answer: D

14. Name the New Zealand physicist who is known as the father of nuclear physics, was awarded the Chemistry Nobel in 1908 for his investigations into the disintegration of the elements, and the chemistry of radioactive substances.

Charles J. Pedersen         
Ernest Rutherford
Donald J. Cram         
Yuan T. Lee

Answer: B

15. Swiss Chemist and first inorganic chemist who won the 1913 Nobel for proposing the octahedral configuration of transition metal complexes.

George A. Olah     
John C. Polanyi     
Alfred Werner     
George de Hevesy

Answer: C

16. Which German chemist and radiochemistry pioneer discovered nuclear fission for which he was awarded the Nobel in 1944? He is regarded as the father of nuclear chemistry.

Aaron Ciechanover         
Kurt Wüthrich     
Peter Agre         
Otto Hahn

Answer: D

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(The Gist of Science Reporter) MCQs on MINERAL NUTRITION IN PLANTS
[November-2019]

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MCQs on MINERAL NUTRITION IN PLANTS

1. Which one of the following is a macronutrient?

Potassium         
Nitrogen        
Calcium         
Boron

Answer: A

2. The mineral constituent of cell wall is

Iron     
Zinc        
Calcium     
Potassium

Answer: C

3. Which one is required for nitrogen fixation?

Mo      
Zn         
Mn         
Mg

Answer: A

4. Roots can absorb minerals for the soil in

Solid state         
Liquid state         
Ionic state         
Gaseous state

Answer: C

5. Premature leaf fall is due to the deficiency of

Phosphorous         
Nitrogen         
Calcium         
Potassium

Answer: A

6. Phosphorous is a structural element in

Fat     
Starch         
Nucleotide         
Carbohydrate

Answer: C

7. The leaves become yellow due to the deficiency of

Zinc & Boron     
Potassium & calcium 
Iron & Magnesium d
None of the above

Answer: C

8. The core element of chlorophyll is

Mn         
Mg         
Zn         
Fe

Answer: B

9. One of the following elements is not of much importance to plants

Calcium     
Zinc         
Copper         
Sodium

Answer: D

10. Which of the following is a trace element?

Zn         
Ca        
P         
Mg

Answer: A

11. Essential element for photolysis of water

Nitrogen     
Oxygen    
Chlorine     
Carbon

Answer: C

12. Zinc is essential for

Stomatal closing     
Stomatal opening    
Biosynthesis of IAA 
Oxidation of carbohydrate

Answer: C

13. Both Nitrogen and Sulphur are required by plants for

Chlorophyll synthesis         
Enzymes        
Cell wall         
Stomatal movement

Answer: B

14. Brown heart disease is due to deficiency of

Iron         
Boron        
Potassium         
Molybdenum

Answer: B

15. Bidirectional translocation of minerals takes place through

Xylem         
Phloem        
Parenchyma         
Cambium

Answer: B

16. An essential element

Occurs in plant ash 
Is absorbed by root 
Is irreplaceable and indispensable for plant growth 
All the above

Answer: C

17. The brown colour of leaves of cabbage is due to the deficiency of

Boron         
Nitrogen        
Sulphur         
Calcium

Answer: A

18. Plants require one of the following for formation of ATP

N & Ca     
N & P        
N & Cu         
K & Cu

Answer: B

19. Cyanobacteria help farmers by

Reducing the alkalinity of the soil
Increasing soil fertility of the soil
Neutralizing alkalinity of the soil
Water Waterlogging

Answer: B

20. Ion uptake is called active because

Ions are active 
Ions move freely
Energy is expended 
Ions move positively

Answer: C

21. The movement of mineral ions into plant root cells as a result of diffusion is called

Endocytosis
Osmosis    
Passive absorption 
Active absorption

Answer: C

22. Metal present in Plastocyanin is

Cu     
Fe        
Zn     
Mo

Answer: A

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1. “Cyber crime is a collective term encompassing both ‘cyber contraventions’ and ‘cyber offences’. “ Explain this statement and discuss the various offences enumerated in the Information Technology Act, 2000. (08/II/8b/30)
2. ‘Information Technology - brought about by Computers, Internet and 83 (Main) Law—Topic Wise Paper Cyberspace - has posed new problems in jurisprudence’. In the context of this statement, critically examine how far our existing laws are deficient in meeting these challenger.(09/II/6a/30)
3. Competition Law in India has not achieved the result as was expected. Discuss the bottlenecks with which it suffers and suggest the remedies necessary to make it fruitful. (13/II/8a/25)

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1. “Intellectual property of whatever species is in the nature of intangible incorporal property.” In the light of this statement discuss the scope of intellectual property rights in India. (08/II/8a/30)

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Printed Study Material for IAS PRE cum Mains General Studies

1. Define and explain “international commercial agreement” and “arbitration agreement” under the Arbitration and Conciliation Act, 1996. (01/II/8b/30)
2. ‘The Arbitration and Conciliation Act, 1996 contains provisions for effective use of Arbitration as an alternate model of justice.’ - Do you agree? Explain your answer with suitable illustrations.  (02/II/8b/30)
3. How is an Arbitral Tribunal constituted? On what grounds and under what procedure can an appointment of an arbitrator be challenged?(03/II/8b/30)
4. “In any event, adaptability and access to expertise are hallmarks of arbitration”. Discuss the advantages of arbitration over litigation.(05/II/8b/30)
5. “In most cases reference to arbitration shuts out the jurisdiction of the courts, except as provided in the Act, and since criminal courts cannot be deprived of their jurisdiction to try criminals, no criminal matter can be referred to arbitration”. Comment. (05/II/8a/30)
6. State the procedure laid down in the Arbitration and Conciliation Act, 1996 for conciliation in the family disputes. (06/II/8b(i)/15)
7. “Lok-Adalatas in India manifest the purpose and objective laid down in Alternate Dispute Resolution Schemes.” Discuss. (11/II/1d/15) 13. Intellectual Property Rights—Public Interest Litigation 1. “Intellectual property of whatever species is in the nature of intangible incorporal property.” In the light of this statement discuss the scope of intellectual property rights in India. (08/II/8a/30)

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Printed Study Material for IAS PRE cum Mains General Studies

1. A cheque payable to A or his order is endorsed by B forging the signature of A. The drawee bank pays the amount. What is the legal position of the bank? If the forged signature were that of the drawer would the legal position of the bank , change? (93/II/4b/30)
2. What constitutes ‘material alternation’ of a negotiable instrument and what are its effects? (93/II/4a/30)
3. Discuss the various ways under the Negotiable Instruments Act in which the liability on a ‘negotiable instrument’  is discharged. (94/II/8b/30)
4. A draws a cheque payable to bearer and hands it over to B. B crosses it and endorses it in favour of C and delivers it to him. D steals the cheque from C and presents it for payment before the bank which makes the payment over the counter. C sues the bank. Decide. (95/II/8b/30)
5. “The greatest element of negotiability is the acquisition of property by your own conduct, not by another’s, that if you can take it bonafide and for value, nobody can deprive you of it.” Examine. (96/II/8a/30)
6. A sold a television by auction . It was knocked down in favour of B/ who was allowed to take it on the condition that he would give a cheque for the price and the ownership would pass only when the cheque was cleared. The cheque given by B was not cleared, but in the meanwhile B sold the television to C. Discuss the validity of the title to C. (96/II/7b/30)
7. The plaintiff bank made payment of certain crossed cheques to the defendant bank. The latter informed their customer-payee of the cheques that the payment had been received for the cheques. It then turned out that the cheques were forged. The plaintiff used the defendant bank and his customer to recover back the amount contending that the payment had been made under the mistaken belief that the cheques were genuine. Decide. (97/II/6b/30)
8. “A cheque is a bill of exchange drawn on a specific banker and is not expressed to be payable otherwise than on demand” Examine. (97/II/5d/20)
9. What is the legal validity of a negotiable instrument where the promisor of the  81 (Main) Law—Topic Wise Paper note simply signs a stamp paper for a promissory note of Rs. 5,000 but he did not write anything excepting merely signing on a blank stamp paper? (98/II/5d/20)
10. Explain, citing relevant case law, whether he penal provisions of Section 138 of the Negotiable Instruments Act cover a case where a cheque is dishonoured by a bank on the ground that the drawer of the cheque has closed the particular account on which he has drawn the cheque. (99/II/5d/20)
11. A banker’s cheque is a peculiar sort of instrument in many respects resembling a bill of exchange, but in some entirely different. Expalin, highlighting the distinctive features of these two instruments. (99/II/8a(i)(/15)
12. The plaintiff bank paid cash over the counter on a crossed cheque on which the defendant had forged the payee’s endorsement. Can they claim return of the money by contending that it was paid by mistake? (99/II/6b(ii)/15)
13. A cheque is drawn payable to “B or order” and delivered to B. It is stolen and B’s endorsement is forged. The Bank pays the cheque and debits the drawer’s account. B uses the Bank and the drawer. Decide. “ (99/II/8a(ii)/15)
14. “ A dismissed his servant B from service and for his wages gave him a draft in the following words “Mr. X will much oblige Mr. A by paying to Mr. B or order Rs. 200 on his account - A”. Is this draft a bill of exchange? (00/II/6b(ii)/15)
15. What is forgery? What are the effect of forged indorsement on a negotiable instrument? (00/II/8a(i)/15)
16. What is meant by material alternation of a negotiable instrument? What is the legal effect of such material alternation?  (00/II/6b(i)/15)
17. Discuss the circumstances in which a bill of exchange is said to be dishonoured. What are the consequences of such dishonour? (01/II/8a/30)
18. “Once a bearer instrument is always a bearer instrument.” Discuss. (01/II/5d/20)
19. What conditions an instrument must possess to become negotiable? How do you distinguish negotiability from endorsement? Explain with illustrations. (02/II/7a/30)
20. “A cheque marked ‘not negotiable’ is nevertheless negotiable.” Discuss. (03/II/5c/20)
21. Examine the reasons which make it necessary that there should be a concept like “holder in due course” in the law of negotiable instruments. State the characteristics of a “holder in due course” and his privileges and protections under the Negotiable Instruments Act, 1881. (03/II/7a/30)
22. Distinguish between Holder and Holder in due Course. Support your answer with decided cases. (04/II/6a/30)
23. “Any material alteration of a negotiable instrument renders the same void.” Discuss. (06/II/5d/20)
24. What is meant by ‘material alteration’ in the negotiable instrument? Under what circumstances an alteration in the negotiable instrument may be treated as material alteration under the Negotiable Instruments Act, 1881? State the effect of such alteration. (07/II/8b/30)
25. Who can make negotiable instrument? Whether a promissory note duly executed in favour of minor is void? Give reasons. (07/II/8a/30)
26. “The object of Sec. 138 of the Negotiable Instruments Act, 1881 is to inculcate  (Main) Law—Topic Wise Paper 82 faith in the efficacy of banking operations and credibility in transacting business on negotiable instruments.” Elucidate with the help of the latest Supreme Court cases. (08/II/ 7a/ 30)
27. Explain the concept of ‘Holder’ and ‘Holder in due course’ as envisaged in the Negotiable Instruments Act and also examine the privileges and protections to which they are entitled under the Act. Illustrate your answer with decided cases. (09/II/7b/30)
28. “A cheque marked ‘not negotiable’ is neverthless negotiable”. Comment. (09/II/5c/20)
29. “Tort is concerned with the allocation on prevention of losses which are bound to occur in society.” Discuss. (11/II/1c/15)
30. “The great element of negotiability is the acquisition of property by your own conduct, not by another’s, that if you take it bonafide and for value nobody can deprive you of it.” Explain. (11/II/1c/15)
31. “Once an instrument passes through the hands of a holder in due course, it is purged of all defects, it is true like a current coin.” Explain (13/II/5e/10)

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Printed Study Material for IAS PRE cum Mains General Studies

1. Can an outgoing partner claim a share in the profits of the firm? If yes, under what circumstances? (93/II/2a/30)
2. A, B and C were partners of a firm in which A was a dormant partner. He retired from the partnership without given public notice and his place was taken by D. Subsequently E becomes a creditor of the firm. Can E proceed to recover his debt from A, B, C and D? (93/II/2b/30)
3. Are there any exceptions in the partnership law to the rule that contracts in restraint of trade are void? (93/II/1c/20)
4. Examine the situations in which law of fiction shall apply in partnership relations. Refer to the relevant provisions of the Partnership Act and case-law. (94/II/7a/30)
5. In a partnership where no contract exists, how would the partners distribute the assets after dissolution and how would they charge interest on 79 (Main) Law—Topic Wise Paper capital and loan? (94/II/5c/20)
6. A and Sons, a partnership firm, manufactures certain articles under a trade name. B gives to his own products a similar name to pass them off as a product of the said firm . The firm files a suit against B and claims injunction against using the name. B pleads that the firm being non-registered the suit is not maintainable. Decide.(94/II/7b/30)
7. “Any change in the relations of the partners will result in the reconstitution of the firm.” Examine. (95/II/5c/20)
8. Examine the circumstances under which a firm may be dissolved on just and equitable grounds. Refer to various judicial pronouncements in this regard. (96/II/7a/30)
9. Discuss the law relating to contribution and indemnity between partners. Also discuss as to what happens in case one of the partners in unable to contribute. (97/II/7a/30)
10. A managing partner of a partnership firm asks for your legal advice on why or why not the firm be registered. Give your opinion with reasons. (98/II/6a/30)
11. What forms the acid test for a partnership firm? Explain with illustrations. (98/II/6b/30)
12. Explain the circumstances under which a partnership firm is said to be reconstituted. (00/II/7a/30)
13. Distinguish between partnership by estoppel and partnership by holding out. Discuss the chief ingredients of Section 28 of the Indian Partnership Act. (01/II/7a/30)
14. There is a possibility that a minor admitted to the benefit of partnership may not know long after his attaining majority that he is admitted to the benefits of partnership. Hence the principle of equity may adversely affect the interest of the minor. Critically examine the statements and justify with reasons. (02/II/6b/30)
15. What is meant by “Reconstitution of a firm”? In what circumstances can a partnership firm be reconstituted? Refer to the relevant statutory provisions and the decided cases in your answer. (03/II/8a/30)
16. Discuss the consequences of non- registration of partnership firm. (04/II/7b/30)
17. “In determining whether a group of persons is or is not a firm, or whether a person is or is not ‘ a partner in a firm, regard shall be had to the real relations between the parties as shown by all the relevant facts taken together.” Do you agree with this statement? Give reasons. (04/II/ 5d/ 20)
18. A, B, C and D are partners in a firm which has not been registered. A is wrongfully expelled ‘ from the firm by the other partners. Can he successfully bring a suit against the other partners for damages for wrongful expulsion and declaration that he continues to be a member of the firm? What remedies if any are open to A? (05/II/6b/30)
19. “The Indian Partnership Act has effectively ensured the registration of firms without making it compulsory”. Comment. (05/II/6a/30)
20. There are two partners in a firm. One of them dies. Will it result in dissolution of the firm? (06/II/7b(ii)/15)
21. “Though a minor cannot be a partner in a firm, but he may be ad mitted to the benefits of the partnership.” Explain the rights and liabilities of a minor in the light of this (Main) Law—Topic Wise Paper 80 statement. (06/II/7b(i)/15)
22. “Sharing of profits is not a conclusive evidence of the existence of partnership firm.” Discuss and describe the essential elements to constitute a partnership firm. (07/II/7a/30)
23. Under what circumstances a partnership firm may be dissolved by the intervention of the court? (07/II/6b/30)
24. “The effects of non-registration of partnership firm are so fatal that ordinarily the firms are registered.” Explain with the help of legal provisions and decided cases. (08/II/6a/30)
25. As an agreement is an essential ingredient in a Partnership, it follows that a minor cannot enter into an agreement of Partnership’. Critically examine this statement and discuss the circumstances under which the Indian Partnership Act permits a minor to participate in the benefit of partnership. (09/II/7a/30)
26. Mere cessation of trading does not result in dissolution of a partnership. Rights and liabilities need to be settled between the partners. Explain. (10/II/5d/15)

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Printed Study Material for IAS PRE cum Mains General Studies

1. B creating an impression that he is a creditworthy person purchased a car from A by handing over a cheque for the price of the car. Having taken possession of the car he sold it to C. The cheque was dishonoured. A seeks to recover the car from C. Will he succeed? (93/II/3b/30)
2. The notion of ‘transit’ is both a matter of a fact as well as of law as regards stoppage in transit by an unpaid seller.” Examine this statement and refer to case - law. (94/II/8a/30)
3. Examine the correctness of the following statements : (95/II/8a/30) (i) “In the absence of express agreement the seller of goods is bound to answer for his title.”  77 (Main) Law—Topic Wise Paper (ii) “A person cannot make a contract to purchase his own goods.”
4. Risk follows the owner’ is an established rule in sale of goods.” Examine. (96/II/5d/20)
5. “The cost, insurance and freight (C.I.F.) contract is not a contract of sale of goods but a contract of sale of documents relating to goods.” Examine. (97/II/ 5b/ 20)
6. Do you find any areas of conflict between the Indian Sale of Good Act and the Consumer Protection Act? Critically review the areas and suggest how you would like to resolve the conflict. (98/II/8/60)
7. “Hire purchase’ does not have any legal regulation in India,” Critically examine the statement. (98/II/5a/20)
8. What is the rule of caveat emptor? Explain the exceptions to this rule. (99/II/5c/20)
9. What is passing of the property where the goods are unascertainable? (00/II/8a(ii)/15)
10. Explain how far the rule of Caveat Emptor has undergone changes especially after passing the Consumer Protection Act. (00/II/5d(i)/10)
11. A’ sold 100 bales of cotton to ‘B’ for a sum of Rs. 50,000. ‘A’ had not received the payment of the price but he sent the railway receipt to ‘B’ without reserving his right of disposal. ‘B’ immediately endorsed the railway receipt to ‘C, a bonafide purchaser for value. ‘B’ became insolvent before the goods could reach their destination. ‘A’ exercised his rights of stoppage of goods in transit. Discuss the title of ‘C over the goods. (01/II/6b/30)
12. There are definite rules for ascertaining the intention of the parties as to time  when the property in the specific goods is to pass to the buyer.” Discuss. (01/ II/5c/20)
13. How do you distinguish the nature and features of the following transactions? (02/II/6a/30) (i) A agree to buy a motor-cycle from M/ s Eastern Traders on terms that on delivery of the motorcycle to A, A will pay the price in instalments along with interest for the motor-cycle in 24 monthly instalments. (ii) M/s Eastern Traders agrees to give possession of a motorcycle to A on terms that A would pay down Rs. 5,000 and thereafter Rupees Three Thousand every month for 12 months. After the payment of all instalments only the vehicle would be registered in the name of A.
14. ‘A’ makes an offer to purchase goods in possession of ‘B’ who is the agent of ‘C but who has no authority to make any contract of sale. The offer is accepted by ‘B’ on behalf of ‘C. ‘B’ writes to ‘C for ratification of the contract Before the ratification ‘A’ withdraws the offer, ‘C ratifies the contract made by ‘B’. Has the contract come into existence in this case? If ‘B’ repudiates the contract before ‘C comes to know of it, and subsequently ‘C ratifies the contract and sues to enforce it, what will be the consequences? (03/II/6b/30)
15. “The right of stoppage of goods in transit is the rule of natural justice and is recognised in sale of goods”. Discuss. (03/II/5d/20)
16. A offers to sell his machinery to ‘B’ for a fixed price. ‘B’ agrees to buy the same subject to the condition that ‘A’ should get it repaired in order to put it into its running condition. ‘A’ replies that ‘B’ should himself get the machinery  (Main) Law—Topic Wise Paper 78 repaired and pay him the agreed price less the actual cost of repairs. While being repaired, the machinery is destroyed without any fault of the mechanic. ‘A’ uses ‘B’ for the price of the machinery. Will he succeed? (03/II/7b/30)
17. Critically examine the principle of Caveat Emptor, highlighting its exceptions in the light of statutory provisions and judicial pronouncements. (04/II/7a/30)
18. “The contract of sale is consensual and bilateral.” Discuss. How does Sale differ from Hire Purchase Agreement? (04/II/5c/20)
19. A sells his motor car to B, one cylinder of which is slightly cracked to A’s knowledge. B examined the car but failed to detect the time of purchasing the car. Later on, the defect comes to the knowledge of B. Can he rescind the sale and get back the price paid by him? (05/II/7b/30)
20. Define and distinguish between a ‘Condition’ and a ‘Warranty’. Under what circumstances can a breach of condition be treated as a breach of warranty? (05/II/7a/30)
21. Discuss the essentials of hire-purchase agreement. (06/II/8b(ii)/15)
22. “If you contract to sell peas, you cannot oblige a party to take beans. If the description of the article tendered is different in any respect it is not the article bargained for, and the other party is not bound to take it.” Comment. (06/II/8a/30)
23. Discuss the rights of ‘unpaid seller’ against the goods as described under the Sale of Goods Act, 1930.  (07/II/7b/30)
24. The general rules as regards to transfer  of title is “nemo dat quod non habet” (No one can give or transfer what he does not himself possess). Critically examine the rule highlighting its exceptions in the light of statutory provisions. (07/II/6a/30)
25. “The rule of Caveat Emptor does not mean that’ the buyer must take a chance, it means that the buyer must take care.” Explain with exceptions, if any. (08/II/5d/20)
26. Distinguish between the following, citing relevant provisions/case laws : ‘Sale’ and ‘hire purchase’ agreement. (09/II/8c/20)

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1. What is ‘ratification’ and what are its essentials? (93/II/3a/30)
2. An agency coupled with interest cannot, in the absence of an express contract, be terminated.” Examine. (95/II/5b/20)
3. An agent is person employed to do any act for another in dealing with third parties.’ Examine. (96/II/5c/20)
4. An agent cannot personally enforce a (Main) Law—Topic Wise Paper 76 contract entered into by him on behalf of the principal, nor is he personally bound by them.” Examine. (97/II/5c/20)
5. No consideration is necessary to create an agency. Explain, giving reasons. (99/II/5b(i)/10)
6. Critically examine the legal basis, scope and extent of the liability of a principal for the misrepresentations made or frauds committed by his agent. Would it be correct to say that the said liability is an extension of the principle of various liability? (99/II/6a/30)
7. An agency coupled with interest cannot be terminated in the absence of an express contract.” Discuss. Also discuss as to when is an agency irrevocable. (01/II/6a/30)
8. The defendant husband and his wife lived in a suite of a hotel where he was the manager and the wife acted as manageress. They had no domestic establishment of their own. The wife incurrent with a tradesman a debt for clothes, payment of which was demanded from the husband. Discuss the liability of the husband to pay off the debt. (01/II/ 7b/30)
9. Discuss the rights and obligations of undisclosed principal and his agent vis- a-vis the other party to the contract. (02/II/8a/30)
10. The authority of an agent means his capacity to bind the principal”. Discuss. (05/II/5d/20)
11. X, a wholesale cloth dealer, appoints Y as his agent for the sale of cloth on the basis of 5% commission on the sale made by him. Y had an agreement with his principal X that he could retain part of the same amount of goods to adjust the commission due to him. X terminates the agency of Y. Y refuses to hand over the cloth in his possession to X, and claims that he is vested with authority coupled with interest and that agency cannot be terminated. Decide. (06/II/6b/30)
12. Agency in law connotes an authority or capacity in one person to create legal relations between a person occupying the position of principal and third parties.” Critically discuss the concept of ‘agency’. Explain the duties of an agent to principal. (06/II/6a/30)
13. The essential characteristic of an agent is that he is invested with a legal power to alter his principal’s legal relations with third parties; the principal is under a co-relative liability to have his legal relations altered’. Discuss. A enters into a contract with B to sell him 500 bales of cotton and afterwards discovers that B was acting as agent for C. Who is liable to A for the price of the cotton? (09/II/6b/30)

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1. “Every contract of guarantee is a contract of indemnity but every contract of indemnity is not a contract of guarantee.” Elaborate. ‘A’ and ‘B’ go to a shop. ‘A’ says to the shopkeeper, “let B take goods from your shop and if he does not pay, I will pay”. What kind of contract is this? Give reasons. (08/II/6b/30) 
2. Liability of the surety is secondary.” Comment. (08/II/5c/20)
3. Distinguish between the following, citing relevant provisions/case laws : ‘Contract of indemnity’ and ‘Contract of guarantee’. (09/II/8a/20)
4. What do you understand by a promissory Note? Discuss.  (10/II/5c/15)
5. There can be no contract of guarantee unless there is someone primarily liable.” Comment. (11/II/5b/15)
6. Indemnity’ has relation to the conduct either of the indemnifier himself or of a third party. A ‘Guarantee’ is always related to the conduct of a third party.” Elucidate (13/II/5a/10)

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1. The plaintiff booked a hotel for his son’s wedding reception in which two hundred guests were invited . The contract included provision for a dinner in a big hall by the hotel management who would also provide a band to play music. The hotel management cancelled the contract just a day before the wedding. As a result the plaintiff was forced to organise only a simple 75 (Main) Law—Topic Wise Paper function at a small place with a simple dinner. The plaintiff uses the hotel management and claims general damages for inconvenience and mental torture and special damages for cancellation of the band music and telephone expenses to inform the guests about the change of venue. Decide. (95/II/6b/30)
2. With the help of decided cases discuss in detail the market rate theory of assessment of damages in cases of breach of contract. (95/II/6a/30)
3. A government building contract is allotted through tenders. It falls to the share of a Karnataka based contractor who transports his mobile workshop from there to the work site at Jammu. He had done only a part of the work when the government unjustifiably repudiates the contract. The contractor uses for the loss of profits. Decide. (97/II/7b/30)
4. The doctrine of frustration is really an aspect of or part of law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done .” Elucidate with suitable illustrations. (99/II/7a/30)
5. Discuss the scope of Section 70 of the Indian Contract Act, 1872. Can a State recover cost of training on failure of the defendant to join the service? (04/II/8a/30)
6. On breach of contract only such loss can be recovered as was in the contemplation of both the parties at the time of entering into the contract. Discuss. (10/II/5a/15)
7. The principle of passing of in an action has been extended to the use of false trade description’ explain the conditions for a successful passing of action and the defences available to the opposite party. (10/II/8b/30)

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Printed Study Material for IAS PRE cum Mains General Studies

1. “A quasi-contract arises out of judicial principles and not out of a contractual agreement between two persons.” Examine. (96/II/6a/30)
2. Examine the obligation under the Indian Contract Act of a person to whom money has been paid by mistake. In this connection is there a distinction required to be drawn between a mistake of fact and mistake of law? (99/II/6b(i)/15)
3. A transport company refuses to deliver certain goods to the consignee except upon the payment of illegal charge of carriage. The consignee pays the sum charged in order to obtain the goods. Discuss the rights of the consignee as against the transport company. (00/II/5c/20)
4. A minor is liable to pay out of his property for necessaries supplied to him. Discuss with the help of decided cases. (00/II/5a/20)
5. “Enumerate and explain briefly those relations in the Indian Contract Act which resemble those created by a contract. . (05/II/5c/20)
6. Law as well as justice should try to prevent unjust enrichment.” Critically examine this statement in relation to quasi-contracts. (08/II/5b/20)
7. A quantum meruit, although a quasi contract, arises out of a contract’. Comment. (09/II/ 5d/ 20)

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1. The plaintiff, municipality of a town, sold to the defendant by contract the right to collect dung in the municipal area for one year. No dung was, however, left to be collected by the defendant as the same was removed by the pig owners themselves in their own right. (94/II/6b/30)
2. A contract is a contract from the time it is made and not from the time its performance is due.’ Explain. (94/II/5a/20)
3. The tenant and the sub-tenant of a certain premises agree between themselves that the subtenant would pay the tenant’s rent directly to the landlord. After paying the said rent for a certain period, the subtenant refuses to make further payments. The landlord uses the sub-tenant The sub-tenant argues that there was no contract between him and the landlord. Decide. (96/II/6b/30)
4. What do you mean by ‘force majeure’ clause in a contract? What implications does the clause have in view of the provision for supervening impossibility? (98/II/5c/20)
5. The general rule undoubtedly is that no third person can use or be used on a contract to which he is not a party, but at bottom that is only a rule of procedure. It goes to the form of remedy, not to the underlying right.” Critically comment on the principle of privity of contract in the light of the above statement and state whether you agree with the statement.(99/II/5a/20)
6. What are the exceptions to the principle that the contractual benefits or obligations are confined to the parties to the contract? (00/II/6a/30)
7. Examine the principle of ‘time is the essence of contract’ (00/II/5d(ii)/10) (Main) Law—Topic Wise Paper 74
8. Even where the party seeking recession is not in a position to restore to the defendant his status quo ante, the courts may allow by doing what is practically just in the circumstances. (02/II/5d/20)
9. Discuss in detail the principle of promissory estoppel and its application in respect of contractual obligations. Explain the position of this principle as against the Government and its agencies. (03/II/6a/30)
10. What are the circumstances under which a party to a contract can plead impossibility as an excuse from performing his contractual obligation? (06/II/7a/30)
11. Is a party rightfully rescinding the contract entitled to compensation? Explain with the help of examples. (06/II/5c/20)
12. What is meant by the doctrine of “supervening impossibility”? Under what circumstances the “supervening impossibility” may arise? (07/II/5d/20)
13. A contract can not be enforced by a person who is not a party to it though it is made for his benefit. He is a stranger to the contract and can claim no rights under it.” Examine the above statement in the light of judicial pronouncements stating the exceptions thereto. (07/II/5b/20)
14. The principle of ‘holding out’ is based on the principle of estoppels.” Elucidate. (13/II/5d/10)

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1. Explain the effect of ‘mistake of fact’ on agreements with illustrations and decided cases. (95/II/7a/30)
2. A contract shall not be enforced if the agreement is opposed to public policy.” Examine. (95/II/5a/20)
3. Liberty to trade is not an aspect which 73 (Main) Law—Topic Wise Paper the law would permit a person to barter.” Examine. (96/II/5b/20)
4. In India the impossibility of performance covers both the agreement to do impossible act as well as contract to do act afterwards becoming impossible or unlawful.” Examine. (97/II/6a/30)
5. How do you distinguish void agreement and void contract? Does void contract have similar legal implications to voidable contract? (98/II/5b/20)
6. Public policy was a very unruly horse and when once you get astride it you never know where it will carry you.”Burrough, Examine relevancy of this statement under the Indian Law. (00/II/5b/20)
7. There is a very limited application of law relating to agreement in restraint of trade in India. Critically examine the statement and suggest the area of limitations. (02/II/5c/20)
8. Jurisdiction of a court to decide disputes arising out of contractual relations cannot be ousted by an agreement between the parties.” Discuss. (03/II/5a/20)
9. Whether an agreement without consideration is void? Discuss the rule with exceptions, if any. (04/II/5a/20)
10. A contract without consideration is void but there are some contracts, which even though made without consideration, are valid”. Discuss. (05/II/5b/20)
11. All illegal agreements are void but all void agreements are not illegal. Discuss. (07/II/5a/20)

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1. Outline the nature of undue influence in the law of contract. (93/II/1 b/ 20)
2. Law relating to coercion and undue influence has a feature in each which is uncommon to the legal system as a whole. Explain with illustrations. (02/I/5a/20)
3. A deceit which does not deceive is no fraud.” Discuss. (03/II/5b/20)
4. The strict adherence to the theoretical consideration that a contract made under mistake as to the identity of parties or identity of the subject matter is void, would lead to absurd result.” Do you agree with this statement? Give reasons. (04/II/5b/20)
5. Explain the meaning of ‘free consent’ as an essential element of a valid contract and enumerate the factors vitiating ‘free-consent’. (07/II/5c/20)
6. An attempt at deceit which does not deceive is not fraud’. Do you agree? (09/II/5b/20)
7. Standard from contracts exist in complete disregard to the established principles of freedom of contract and equality of bargaining power of the parties.” Elucidate. (11/II/5a/15)

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(The Gist of Science Reporter) Multilingual Mobile App Launched for Farmers

[NOVEMBER-2019]

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Multilingual Mobile App Launched for Farmers

• A multilingual mobile application called CHC (Custom Hiring Centre) Farm Machinery has been launched for crop residue management. 
• The application is designed to facilitate the farmers to avail the Custom Hiring Services Centres located in the radius of 50 kilometres. 
• With this app, farmers can now get access to reasonably priced advanced technology at their doorsteps. It can be downloaded in any android phone from Google Play Store.

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Courtesy: Science Reporter