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UPSC IAS Mains Law Uncategorized Question Paper : 2000-2015

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UPSC IAS Mains Law Uncategorized Question Paper : 2000-2015

2000

Paper-I

Section - A

1. Answer any three of the following (each answer should be in 200 words):

(a) “The Indian Constitution is essentially federal in character, though it tends to be unitary at times.” Comment.
(b) What are the discretionary powers of the Governors of States? Why is there no provision in the Constitution for impeachment of a Governor? Explain.
(c) Explain the provisions relating to protection and improvement of environment in our Constitution with special reference to the role of judiciary in this regard.
(d) “The question today is not whether there should be delegated legislation, but subject to what safeguards it should be resorted to.” Critically examine the statement.

(a) “The Supreme Court in Maneka Gandhi’s case has revolutionised the law relating to ‘personal-liberty’ under Article 21 of the Constitution.” Explain with illustration,
(b) Examine critically the relationship between the Fundamental Rights and the Directive Principles of State Policy in the light of decided cases and the constitutional amendments.

(a) Assuming that the Parliament, under Article 368 of the Constitution, passes the following constitutional amendments:
(i) Religion is a matter of personal faith. Its propagation in any form is strictly prohibited.
(ii) Article 16(4) of the Constitution empowering the state to make reservation in services under the state in favour of backward class of citizens is completely deleted. Discuss whether these amendments are likely to be held valid.
(b) “Article 311(2) lays down that a civil servant cannot be dismissed or removed or reduced in rank unless he has been given a reasonable opportunity to show cause against the action proposed to be taken against him.” Critically examine the statement with reference to the Constitution (Forty-Second Amendment) Act, 1976.

(a) The Transport Commissioner is the Director, ex-officio of the Karnataka State Road Transport Corporation (KSRTC) which is responsible .for the operation and management of the transport undertakings of the Corporation. The Transport Commissioner is simultaneously Chairman of the KSRTC Authority which has power to grant/refuse stage carriage permits. In this case, private bus operators had applied for renewal of their stage carriage permits in respect of various routes. At the same time, KSRTC also applied for fresh stage carriage permits in respect of the same routes. Examine with reference to the relevant provisions of the Administrative Law, whether the Commission can be restrained from exercising his power. Give reasons for your answer.

(b) The Civil Surgeon had issued an advertisement for a training course in midwifery at the District Hospital. The advertisement had a clause “Married women candidates must enclose along with their application their husband’s written permission for pursuing the course.” The wife got the letter of consent from her husband and joined the course. The husband, however, had second thoughts and wrote to her and the authority saying she should return immediately as her not being there would disturb the family life and hence she would not be permitted to join. Thereafter the authority asked her to produce another letter of “no objection” from the husband. Examine with reference to the relevant provisions of the Constitution the validity of the order of the authority.

Section - B

5. Answer any three of the following (each answer should be in 200 words):

(a) “International Law is a ‘weak-law.’” Do you agree with this statement? Give reasons.
(b) Is the provision of the I.C.J. pertaining to the appointment of’National Judges’ belonging to the nationality of parties to a dispute, proper in the interest of justice? How are judgements of the courts enforced? Explain.
(c) “Every person is subject to the territorial jurisdiction of a state.” Critically examine the statement.
(d) “The power of veto has paralysed the Security Council.” Do you agree with this view? Give reasons.

(a) Give a brief account of attempts made in the international field for limitation of armaments. What, according to you, hinders the proposals to prohibit the production, possession and use of automatic weapons?
(b) Discuss the recognised procedure, with special reference to the Hague Convention, for peaceful settlement of international disputes. How can the arbitral award be enforced against a state refusing to submit to it?

(a) State ‘A’ and ‘B’ are at war with each other. Examine the effect of the war on the following treaties: (i) An extradition treaty between the States ‘A’ and ‘B’ (ii) The Convention of Traffic in Narcotic Drugs 1926, to which States ‘A’ and ‘B’ are the parties, (iii) The Geneva Prisoners of War Convention, to which States ‘A’ and ‘B’ are the parties.
(b) A revolution takes place in State’ X’.’ Y’ seizes power in an unconstitutional manner by installing himself as the Head of State ‘X’. What principles will govern the question of recognition of Y’ as the Head of States ‘X’ on the part of other states? What consequences will ensure if recognition is accorded or refused?
(c) A foreign bank has given a loan to the Government of State ‘A’ for the improvement of roads in ‘X’, a province of State ‘A’. ‘X’ is subsequently ceded to State ‘B’. The Government of State ‘B’ refuses to accept any responsibility of the loan. Is State ‘B’ entitled to do so? Discuss.

8. Write explanatory notes on the following :

(a) Sanctions of International Humanitarian Law.
(b) The theory of consent as the binding force of international law.
(c) Prevention and punishment of crimes against diplomatic envoys.

Paper-II

Section - A

1. Answer any three of the following (answer to each question must not exceed 200 words):

(a) A, a pickpocket, puts his hand in the pocket of B, a person, who was reclining in the park. Incidentally, the person had a piston in his pocket and as the pickpocket put his hand in the pocket, it touched the trigger and the pistol went off killing the person. Is a guilty of culpable homicide? Explain when culpable homicide does not amount to murder with the help of illustrations and decided cases.
(b) X, a girl of 14, is ill-treated by her father and step mother. ‘A’, the neighbour under the belief that X was 18; takes her away from her parent’s house on her request but without the consent of the parents. Is he guilty of any offence? If yes, analyse the nature of the offence and cite relevant cases.
(c) A promises to B, his student, and induced her to cohabit with him. He has given her a false assurance of marriage and also fraudulently gone through certain ceremonies of marriage making B to believe that she was a lawfully wedded wife of A. Later A refused to recognise her as his wife. What is the offence committed by A? Explain its ingredients.
(d) There was a leakage of oleum gas from one of the units of Mr. X’s Textile Industry, situated in the city of Mumbai, on 4th and 5th October, 1995. It resulted in the death of an advocate practising in a court and all the ill effects of the same to various other persons. Mr. Y, a public spirited individual filed a writ petition, under Art. 32 of the Constitution, before the Supreme Court of India claiming compensation. Decide the liability of the occupier.

(a) “Intention and the act both must concur to constitute a crime.” Explain.
(b) Explain the occupier’s liability in respect of structures.

(a) Explain the law relating to contributory negligence of children,
(b) Distinguish between:

(i) Malicious prosecution and False imprisonment
(ii) Maintenance and Champerty

(a) What are the changes that were brought to the Untouchability Act of 1955?
(b) Critically examine viability of the Dowry Prohibition Act.

Section - B

5. Answer any three of the following (each answer should not exceed 200 words):

(a) A minor is liable to pay out of his property for necessaries supplied to him. Discuss with the help of decided cases.
(b) “Public policy was a very unruly horse and when once you get astride it you never know where it will carry you.”(Burrough, J.) Examine relevancy of this statement under the Indian Law.
(c) 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.
(d) (i) Explain how far the rule of Caveat Emptor has undergone changes especially after passing the Consumer Protection Act.
(ii) Examine the principle of’ time is the essence of contract.’

(a) What are the exceptions to the principle that the contractual benefits or obligations are confined to the parties to the contract?
(b) (i) What is meant by material alternation of a negotiable instrument? What is the legal effect of such material alternation?
(ii) 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?

(a) Explain the circumstances under which a partnership firm is said to be reconstituted,
(b) X, one Ayurvedic doctor prescribed the medicine of Allopathy which caused the death of a patient. What is his liability? Explain the liability of the doctors under the Consumer Protection Act.

(a) (i) What is forgery? What are the effect of forged indorsement on a negotiable instrument?
(ii) What is passing of the property where the goods are unascertainable?
(b) Critically examine the utility of the Monopolies and Restrictive Trade Practices Act, 1969 in the days of liberalisation, globalisation and privatisation.

2001

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words):

(a) What fundamental right if any, of a person is violated if the State acts in pursuance of either Article 15(4) or 16(4) of the Constitution of India?
(b) “The doctrine of pith and substance introduces a great degree of flexibility into the otherwise rigid scheme of distribution of legislative powers in the Indian Constitution.” Elucidate.
(c) Discuss the relationship between Article 29 and Article 30 of the Constitution.
(d) “There is no abdication, surrender of legislative function so long as the legislature has expressed its will on a particular subject matter, indicated its policy and left effectuation of policy to subordinate agency.” Discuss.

(a) In order to make the best use of the limited resources in the country and to meet certain demands of the journalists and other workers in the newspaper industry; the government plans to enact a law which
(i) fixes the minimum wages for all the journalists and workers,
(ii) declares Sunday and all other national holidays as compulsory holidays for the newspaper industry;
(iii) requires the newspapers to allocate certain percentage of news space to pressing socio-economic issues facing the country; and
(iv) prohibits certain kinds of advertisements , particularly those which make indecent depiction of women.
Your advice is sought by the government on the constitutionality of such legislation visa-vis Article 19(1) (a). Give your advice with reference to decided cases.

(b) Except in cases where the requirement has been dispensed with expressly or by necessary implication an administrative authority exercising judicial or quasi-judicial functions is required to record the reasons for its decisions.

Examine and discuss whether administrative authority must record reasons for its decision when performing administrative function.

(a) Critically examine the statement that though Maneka Gandhi V. Union of India has made a great advancement towards the understanding and application of the Fundamental Rights in our Constitution it has not been able to make much difference either to the preventive detentions or towards ensuring the due process of law. (b) In order to cure the heavy under-representation of the Schedules Castes and the Schedules Tribes in the State services even after fifty years of the Constitution, a State wants to make a scheme, which may remove this imbalance within a period of five years. Advise the State about the steps that it may take under the Constitution for this purpose.

(a) “The recent judicial pronouncement on the question of the appointment of the judges of the Supreme Court and the High Courts is dominated by the emphasis on integrated participatory consultative process for selecting the best and most suitable persons available for the appointment.” Elucidate the above statement highlighting the norms laid down by the Supreme Court for appointment of the judges of the Supreme Court and the High Courts and for transfer of the judges of the High Courts,
(b) Discuss the nature and the scope of the following writs:

(i) Certiorari
(ii) Mandamus

Section - B

5. Answer any three of the following (each answer should be in about 200 words):

(a) “International law has progressed by leaps and bounds; yet the theoretical controversy about the nature of international law is far, from over.” Comment.
(b) Do you agree with the view that voting procedure stated in Article 27 of the UN Charter has destroyed the efficiency of the Security Council? Discuss.
(c) Highlight the significance of “judicial decisions” as a source of international law.
(d) Discuss the extent and scope of the doctrine of “forum prorogatum”.

(a) “The relationship between international law and municipal law has posed a difficult problem to municipal courts, namely to what extent may such courts give effect within the municipal sphere to rules of international law.
Clearly examine the criterion which has been adopted by municipal courts to resolve this issue.
(b) Assume that as part of continuing bilateral treaty making with its neighbours, India agrees to cede certain parts of its territory to Pakistan and to lease certain parts to Bangladesh. How should these agreements be ratified to be binding under international law?

(a) Discuss the position of an individual under the European Convention on Human Rights. in what way has the position of an individual been further improved by the convention? Examine in the light of lawless case, (b) A private Korean ship delivered some narcotics and philanthropic drugs to an Indian national near Madras, well within the territorial waters of India. The Indian coastguards came to know about it and chased the Korean ship which started moving in full speed towards Colombo. Before it could be captured by the Indian coastguards, the ship entered the Sri Lankan territorial waters. Indian guards entered the Sri Lankan waters, captured the Korean ship and brought it to Indian. The Sri Lankan Government protested. Discuss the legal position of India under international law in relation to the right of hot pursuit.

8. Write explanatory notes on the following:

(a) Recognition of a State and Recognition of a government
(b) Anglo-Norwegian Fisheries case and the Straight base-line method.
(c) Exclusive Economic Zone (EEZ) and Contiguous Zone.

Paper-II

Section - A

1. Answer any three of the following (answer to each question must not exceed 200 words):

(a) “Nothing is an offence which is done by a person who is bound by law to do it.” Discuss.
(b) “ Mere medical insanity is not a valid defence under the Indian Penal Code but legal insanity is.” Discuss.
(c) “Whenever there is a breach of duty there is a cause of action in tort.” Discuss.
(d) “Where damages cannot be precisely calculated in terms of money, the court may take into account the motives and conduct of the defendant, and where these aggravate the plaintiffs injury the damages will be correspondingly increased.” Discuss.

(a) “The law of criminal conspiracy insists on an agreement between two or more persons whereas in abetment by conspiracy a mere - engagement between them may be sufficient.” Discuss.
(b) ‘A’ intentionally attacks ‘B’. While doing so ‘A’ does not know that ‘B’ is suffering from an enlarged appendix. The blow falls on the appendix as a result of which the appendix bursts and ‘B’ dies. Discuss A’s liability.

(a) “In the tort of negligence the question as to whether the defendant has acted as a reasonable man or not depends on many factors.” Discuss.
(b) The defendant establishes a flour mill in the heart of a city adjacent to the plaintiff’s house in a residential area. Running of the mill causes vibrations to the house and unpleasant noise. The plaintiff uses the defendant and claims damages and injunction. The defendant argues that he has a freedom to establish his own trade and business and that his flour mill is also beneficial to a large number of residents in the area. Decide.

(a) “Whether a public servant is guilty of criminal misconduct under the Prevention of Corruption Act, 1988 or not is not an easy question for the courts to determine.” Discuss.
(b) Explain the meaning of ‘consumer’ and ‘service’ under the Consumer Protection Act, 1986.

Section - B

5. Answer any three of the following (answer to each questions must not exceed 200 words):

(a) “The test of contractual intention is objective, not subjective.” Discuss.
(b) “An act done at the promisor’s desire furnishes a good consideration for his promise even though it is of no significance or personal benefit to him.” Discuss.
(c) “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.
(d) “Once a bearer instrument is always a bearer instrument.” Discuss.

(a) “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.
(b) ‘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.

(a) Distinguish between partnership by estoppel and partnership by holding out. Discuss the chief ingredients of Section 28 of the Indian Partnership Act.
(b) 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.

(a) Discuss the circumstances in which a bill of exchange is said to be dishonoured. What are the consequences of such dishonour?
(b) Define and explain “ international commercial agreement” and “arbitration agreement” under the Arbitration and Conciliation Act, 1996.

2002

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words):

(a) If the words “All minorities “in Article 30 of the Constitution of India are replaced by the words, “All sections of citizens having distinct language or religion “, what fundamental rights of the minorities would be affected?
(b) Can Parliament of India make laws on the entries in the State List? if so, in what circumstances?
(c) Elucidate the constitutional procedure for electing President of India.
(d) What is the nature of the Indian Constitution? Do you think it is a Federal Constitution? Discuss.

(a) Discuss any one theory developed by the Supreme Court of India under Article 21 of the Constitution of India for compensation to the victims.
(b) Justify the contemporary economic liberalisation reforms on the basis of constitutional provisions.

(a) Outline any three constitutional provisions that ensure non-discrimination against any State by the Centre.
(b) Schedule-Ill provides for an oath of Secrecy by a Minister. Can a Chief Minister administer such an oath to a non-minister in order to facilitate him with access to all government documents? Give reasons.

(a) Outline the methods of Parliamentary control over delegated legislation.
(b) Illustrate the doctrine of ‘Nemo judex in causa sua’ (no one should be a judge in his own cause) as an effective rule of natural justice.

Section - B

5. Answer any three of the following (each answer should be in about 200 words):

(a) If we examine the ‘opinions’ on the definition of International Law, we are inclined to ask: ‘What is so international in the so-called International Law?’- Analyse.
(b) Discuss State responsibility in respect of the act of multinational corporations on the basis of the Bhopal Gas Leak case.
(c) ‘The legal regime of the Continental Shelf has undergone profound changes.’ What is the present concept of Continental Shelf?
(d) What steps, within the framework of International Law do you suggest India should take to eliminate state sponsored cross-border terrorism?

(a) Make out a case in favour of or against (any one) terminating diplomatic relations with a country during the state of hostilities.
(b) What will be the eclipsing reach of the proposals in the WTO and the GATT Final Act on the Municipal law in India?

(a) Spell out the fundamental principles of the UNCTAD Charter of Economic Rights & Duties.
(b) ‘Looking to the alarming transnationalisation of crimes, the idea of International Criminal Law and such Criminal Court appears attractive, but it has heavier limitations.’ Please comment.

(a) Spell out the composition, functions and objectives of the I.L.O. How is the International Labour Code adopted by nations? What is the effect of this code on India’s Labour Laws?
(b) What are the methods of settlement of disputes under International Law? Can use of force be one of the methods? Discuss.

Paper-II

Section - A

1. Critically examine any three of the following statements with reasons and examples in not more than 200 words in each case:

(a) A corporation aggregate cannot be fastened with criminal liability.
(b) The defence of irresistable impulse has frequently been rejected in charges of murder.
(c) It is not at all in doubt that the proof of existence of guilty intent is an essential element in a crime under common law.
(d) The offence of riot is not committed unless all the five elements are present.

2. Explain whether any offence is committed in the following instances and under what circumstances? Give reasons. Do not write more than 100 words in each case. Answer any Six questions:

(a) X husband of W, cohabits with Z.
(b) A cheque issued by X on his Bank having knowledge about insufficient funds in his account.
(c) X burns a share certificate of Z due to which she suffered mental agony in addition to financial loss.
(d) X shakes his fist at Z so as to cause reasonable apprehension in the mind of Z that she would be hit.
(e) X has sexual intercourse with his wife without her consent.
(f) X finds a valuable ring on the street and immediately sells the same for using the money to buy a computer.
(g) X sells the estate of which he is not the owner and executes a conveyance deed in favour of the purchaser.
(h) X takes Y a girl of 13 years of age without her knowledge to Mumbai to send her to Dubai to handover for marriage to a sekh over there and dispatches her to Dubai for the above purpose.

(a) Distinguish the following two incidents and point out regarding wrong, if any, which has been committed in these incidents. Distinguish in the context of the nature and composition of these wrongs:
(i) The Municipality permitted a political party to hold a meeting in a public park blocking a busy road. X wanted to go to Y’s house crossing the road but was not allowed. There was no other way to go to Y’s house.
(ii) A customer was suspected of having committed a theft in the departmental store by the staff. She was detained by the Manager for 2 days in a Store-room.

(b) Distinguish the wrong committed in the following two incidents and also give decisions:
(i) X circulated a handbill to his neighbours alleging that Y became the Chairman of the Village Panchayat by paying money to the members of the Panchayat.
(ii) X goes on informing his community members in many families that Ms Y is not chaste as many people have been her in the company of different people at various places.

(a) ‘Prevention of Corruption Act, 1988 has many lacunae leading to undesirable consequences, which call for immediate requisite amendment to the Act.’ - Critically examine the above statement and suggest reasons for such amendment, if any.
(b) To know whether a person occupies the position of an agent or not, the law has to go by his functions and the substance of the transaction and not the parties terminology.

Section - A

5. Answer any three of the following in not more than 200 words each:

(a) 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.
(b) Legal framework of offer and acceptance does not favour protection of consumers interests. Critically examine with illustrations.
(c) There is a very limited application of law relating to agreement in restraint of trade in India. Critically exmine the statement and suggest the area of limitations.
(d) 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.

(a) How do you distinguish the nature and features of the following transactions?
(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.

(b) 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.

(a) What conditions an instrument must possess to become negotiable? How do you distinguish
negotiability from endorsement? Explain with illustrations, (b) What is unfair trade practices? Explain why the following transactions are or are not unfair trade practice(s):
(i) selling renovated goods as original;
(ii) exaggerating usefulness of a product;
(iii) suggesting a trade name for the product, which belong to another.

(a) Discuss the rights and obligations of undisclosed principal and his agent vis-a-vis the other party to the contract, (b) ‘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.

2003

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words) :

(a) “Preventive Detention is the only exception carved out to the generally accepted proposition that no person shall be deprived of his personal liberty except in accordance with the procedure established by law”. Discuss the safeguards evolved by the Judiciary for the protection of personal liberty of a person detained under the law of Preventive Detention.
(b) “ While the implementation of the Directive Principles of the State Policy is a pre condition for the enjoyment of Fundamental Rights, the destruction of the Fundamental Rights will frustrate the realisation of the Directive Principles.” Discuss.
(c) “One has to turn to the privileges of the House of Commons to ascertain the Parliamentary privileges in India”. How far is this statement still correct? Discuss.
(d) “One of the methods of control over the exercise of power of delegated legislation is legislative overseeing of delegated legislation”. Discuss. Highlight the legislative control over delegated legislation.

(a) Explain the provisions made in the constitution of India for smooth administrative relationship between the Union and the States. 30
(b) Article 136 does not confer a right of appeal on a party as such but it confers a wide discretionary power on the Supreme Court to grant Special Leave to Appeal in suitable cases. Discuss.

(a) Briefly explain the principles of interpretation which have been upheld in ascertaining the respective jurisdictions of Parliament and the State Legislatures set out in Article 246 of the Constitution of India.30
(b) Discuss the constitutional safeguards in respect of dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or the State. Do these safeguards override the “Doctrine of Pleasure” embodied in the Constitution?

(a) Critically examine the decisions of the Supreme Court from A.K. Gopalan to Maneka Gandhi cases with special reference to “procedure established by law”.
(b) The powers under Article 226 confer a discretion of the most extensive nature on the High Courts. But the very vastness of the powers conferred on the High Court imposes on it the responsibility to use them with circumspection. Discuss briefly the principles which would regulate the exercise of the jurisdiction under Article 226.

Section - B

5. Answer any three of the following (each answer should be in about 200 words):

(a) Discuss the position of “individual” in international law.
(b) Explain Recognition of a State and Recognition of a Government.
(c) “The term ‘general principles of law recognised by civilized nation’ is very wide and vague”. Comment in the context of Article 38(i)(c) of the Statute of the ICJ.
(d) “The relationship between International Law and Municipal Law is one of co ordination and interdependence”. Discuss.

(a) The principle ‘Pacta sunt servanda’ has long been recognised as a fundamental principle of International Law, which makes the treaty binding upon the parties to it, and must be performed by them in good faith (Vienna Convention). Explain.
(b) Explain the juridical basis of claim of a coastal state over the continental shelf in the light of North Sea Continental shelf cases decision.

(a) Discuss the concept of ‘sustainable development’ highlighting contents of the Rio Declaration [UNCED] relating to protection of human environment.
(b) Comment on the ‘Legality of use or threat of atomic and nuclear weapons.

8. Write explanatory notes on the following:

(i) Self-defence
(ii) State sponsored terrorism
(iii) WTO and TRIPS

Paper-II

Section - A

1. Answer any three of the following (each answer should be in about 200 words) :

(a) “ Whenever an illegal omission of an act is abetted, the same may amount to an offence although the abettor may not be bound to do that act.” Discuss.
(b) “An act which is done by one against his will is not his act.” Discuss.
(c) “It is the task of the law of tort to determine when the law will and will not grant redress for damage suffered.” Discuss.
(d) “When a plaintiff acts as a reasonable and prudent man, he is entitled to damages even though he selects the more dangerous alternative when confronted by the defendant’s negligence.” Discuss.

(a) “The question as how is a court to determine as to whether a bodily injury intentionally inflicted by an accused is likely to cause death or not depends on many factors.” Discuss.
(b) A boatman gets hold of gold ornaments from the body of a person who had drowned. A police constable takes away the same after slapping the boatman. The constable does not enter the same in the records and dishonestly keeps them with himself. Discuss the criminal liability of the constable.

(a) “Absence of knowledge that a matter is defamatory or absence of intention to injure the plaintiff is, by itself, no excuse for the defendant in tort.” Discuss.
(b) A car diver in the course of his employment leaves the ignition keys in the car and leaves the car on a crowded road. During his absence a trespasser gets into the car and drives it causing an accident resulting into injuries to the plaintiff. The plaintiff uses the car owner in tort. Decide.

(a) “In murder cases sentence of imprisonment for life is the rule and death sentence an exception”. Discuss.
(b) Discuss in detail the meanings of ‘complaint’ and ‘unfair trade practice’ under the Consumer Protection Act, 1986.Are these definitions satisfactory and in consonance with the spirit of this Act?

Section - B

5. Answer any three of the following (answer to each question must not exceed 200 words):

(a) “Jurisdiction of a court to decide disputes arising out of contractual relations cannot be ousted by an agreement between the parties.” Discuss.
(b) “A deceit which does not deceive is no fraud.” Discuss.
(c) “A cheque marked ‘not negotiable’ is nevertheless negotiable.” Discuss.
(d) “The right of stoppage of goods in transit is the rule of natural justice and is recognised in sale of goods”. Discuss.

(a) 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.
(b) ‘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?

(a) 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.
(b) 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 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’ sues ‘B’ for the price of the machinery. Will he succeed?

(a) 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.
(b) How is an Arbitral Tribunal constituted? On what grounds and under what procedure can an appointment of an arbitrator be challenged?

2004

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words) :

(a) “Federalism has in recent years, witnessed a change - from the dogmatic to dynamic - approach.” Discuss the changing approach and point out the main deviations in the working of the Constitution of India.
(b) “Liberty of Press consists in laying no prior restraints upon publications and not in freedom from censure for matters when published.” Explain and indicate how far this liberty of Press is protected under the Indian Constitution.
(c) “The extensive use of the device of ‘reasonable classification’ by State and its approval by the Supreme Court has rendered the guarantee of ‘fair and equitable treatment’ under Article 14 largely illusory.” Discuss making clear the constitutional and popular concepts of ‘right to equality’ in India.
(d) What is Judicial activism? In this context evaluate the contribution of the Supreme Court of India, which is empowered to act as the guardian of the constitutional provisions.

(a) “The pardoning power of the Governor is not immuned from Judicial review.” Examine this statement in the light of the case of Satpal Vs. State of Haryana,
(2000).
(b) Examine in detail the provisions of the Constitution regarding
appointment of Judges of the Supreme Court of India. Is it necessary to constitute a Commission to review and reform the prevailing provisions of the Constitution in this regard? Give reasons.

(a) “The Supreme Court of India has extended theory of basic structure of the Constitution to the constitutional morality in the case of . B.R.Kapur Vs. State of Tamil Nadu,(2001).” Explain.
(b) What are the grounds, duration and consequences of the Proclamation issued by the President of India pertaining to the failure of constitutional machinery in States? Is such a Proclamation justiciable?

(a) “Parliamentary privileges is an essential incident to the high and multifarious functions which the legislature is called upon to perform.” Discuss the position under the Constitution of India. Will you suggest reforms, if any, in the existing position?
(b) Explain the form of the Government that the Constitution of India has adopted and which has been subject of criticism. What reforms, if any, will you suggest in this regard?

Section - B

5. Answer any three of the following (each answer should be in about 200 words) :

(a) “The controversy whether International law is law or not is meaningless because, in fact, it is law and is generally obeyed.” Highlight the views of prominent writers about the above statement.
(b) “The General Assembly has become more powerful than the Security Council of the United Nations.” Do you agree with this view? Give reasons.
(c) Explain the forcible methods of settlement of international disputes.
(d) Explain the scope of the concept of freedom of the High Seas and discuss also the legality of nuclear tests in the areas of High Sea.

(a) Discuss the principles on which the extradition of a fugitive offender is based. Is a state liable to extradite an offender, who has been accused of a political murder in a neighbouring state? Give reasons.
(b) Explain’Jus cogens’. Examine critically the Articles on ‘Jus cogens’ in the Vienna Convention.

(a) “The Law of Sea Convention 1982, does not bestow on landlocked states any definite right of transit.” Do you agree with this statement? Give reasons.
(b) Assess the contribution of the Johannesburg World Summit on Sustainable Development (W.S.S.D.-August, 2002) and New Delhi 8th Conference of the Parties (C.O.P.-8 October, 2002) in combating climate change.

(a) Discuss the jurisdiction of International Court of Justice. Who will decide as to whether the Court has jurisdiction or not?
(b) “The granting of recognition to a new state is not constitutive but a declaratory act.” Do you agree with this view? Discuss the theories of recognition and state which theory is correct in your view.

Paper-II

Section - A

1. Answer any three of the following (answer to each question must not exceed 200 words). Support your answer with legal provisions and decided cases :

(a) “The constitutiona1 validity of Section 124A of Indian Penal Code was questioned in Kedar Nath Singh” on the ground of the provision of the section being in violation of freedom of speech and expression.” Briefly discuss the contentions and give reasons for or.against the decision in the said case.
(b) Distinguish between criminal breach of trust and criminal misappropriation of property.
(c) “All torts are civil injuries but all civil injuries are not torts.” Explain the above statement.
(d) Distinguish between tortious liability and contractual liability.

2. Referring to relevant legal provisions, ‘and decided cases, point out what offence, if any, has been committed in the following cases :

(a) A soldier A fires on a mob by the order of his superior officer in conformity with the commandments of law.
(b) A sees B commit what appears to A to be a murder. A in good faith seizes B in order to bring B before the proper authorities. Later on, it turns out that B was acting in self- defence.
(c) A finds a ring on the highway not in the possession of any one person. A picks it up.
(d) A cuts down a tree on B’s ground with the intention of dishonestly taking the tree out of B’s possession without B’s consent.
(e) A intentionally gives a sword cut to B sufficient in the ordinary course of nature to cause death. B dies in consequence.
(f) A without any excuse, fires a loaded pistol into a crowd of persons and kills one of them.

(a) Discuss the law relating to commencement and continuance of the right of private defence of property. When does the right of private defence of property extend to the causing of death?
(b) Discuss the jurisdiction of various authorities under the Consumer Protection Act, 1986 for the settlement of disputes.

(a) “In assessing damages, the law takes an account of certain consequences but considers only proximate consequences.” State the test by which the remoteness of consequences is determined by the courts for this purpose. Refer to judicial pronouncements.
(b) Critically examine the provisions of ‘The Protection of Civil Rights Act, 1955' and highlight the deficiencies, if any, in the said law.

Section - B

5. Answer any three of the following (answer to each question must not exceed 200 words) :

(a) Whether an agreement without consideration is void? Discuss the rule with exceptions, if any.
(b) “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.
(c) “”The contract of sale is consensual and bilateral.” Discuss. How does Sale differ from Hire Purchase Agreement?
(d) “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.

(a) Distinguish between Holder and Holder in due Course. Support your answer with decided cases.
(b) What are various kinds of Indorsement recognised by law? Discuss the effect of forged indorsement. Give reasons.

(a) Critically examine the principle of Caveat Emptor , highlighting its exceptions in the light of statutory provisions and judicial pronouncements.
(b) Discuss the consequences of non registration of partnership firm.

(a) 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?
(b) “In a ‘standard form contract’, it is likely that the party having stronger bargaining power may insert such exemption clauses in the contract that his duty to perform the main contractual obligation is thereby negatived.” Explain, and discuss the various rules which have been evolved to protect the weaker party.

2005

Paper-I

Section - A

1. Answer any THREE of the following (each answer should be in about 200 words):

(a) “Article 16 (4) is by itself a rule of equality rather than an exception to the rule.” What is your view? Discuss with the help of case- law.
(b) “The fundamental right to freedom of speech and expression has in recent times seen expanding horizons.” Discuss and point out the judicial approach in this regard.
(c) “The constitutional scheme of the distribution of legislative powers weights heavily in favour of the Union Parliament.” Elucidate with the help of constitutional provisions and judicial decisions.
(d) “The Indian federal structure has brought in some novel provisions which are not to be found in other federations.” Critically discuss.

(a) “All these years Article 368 has seen a tug of war between the constituent power and power of judicial review.” Comment on and narrate this development in detail.
(b) Discuss the scope of the Original and Advisory Jurisdictions of the Supreme Court of India. Also give in brief your response to the view that the Advisory Jurisdiction to be abolished.

(a) “Secularism is neither anti-God not pro- God. It eliminates God from the matters of State and ensures that no one shall be discriminated on the grounds of religion.” In the light of the above observation discuss the true import of freedom of religion guaranteed under the Indian Constitution.
(b) Is the President of India a mere constitutional head? Is he bound to accept the advice of the Council of Ministers? Discuss fully stating constitutional provisions.

(a) Examine the scope of Proclamation of Emergency by the President of India and enumerate the safeguards introduced by constitutional amendments to present abuse of these powers.
(b) “Bias vitiates all judicial and quasi-judicial proceedings.” Comment on this statement and give two examples to illustrate the principle.

Section - B

5. Answer any three of the following (each answer should be in about 200 words) :

(a) “Aut dedere aut judicare obligation is a common feature of the recent anti-terrorism conventions.” In the light of this statement explain the rules of International law pertaining to extradition of terrorists.
(b) “The authors of the United Nations Charter were the first to regard respect for human rights as an instrument of peace.” Explain the above statement in the light of the provisions of the U.N. Charter relating to the promotion of human rights.
(c) Define intervention and state the grounds under which it is justified under International Law.
(d) In what circumstances may the use of force be legal under the United Nations Charter? Critically comment.

(a) What are the conditions for granting asylum in a diplomatic embassy? When is this asylum regarded irregular? Explain with illustrations.
(b) Write a critical note on the provisions of the Vienna Convention on the Law of Treaties, relating to the grounds of invalidity, termination and suspension of the operation of treaties.

(a) Discuss the provisions relating to the exercise of control by a coastal state over the artificial islands, installations and structures constructed by it in the Exclusive Economic Zone and the conservation and utilisation of living resources therein.
(b) The 1972 Stockholm “Declaration on Human Environment” and “Action Plan on Human Environment” create a new relation ship of rights and obligations between developed and developing countries. Explain.

(a) Critically examine the provisions of the United Nations Charter which enables the United Nations to perform its primary role of peace-keeping. Does the Charter require any reform in this respect?
(b) What do you understand by state succession? To what extent does succession take place to (a) the treaty rights and obligations, and (b) contractual obligations of the extinct state? Explain.

Paper-II

Section - A

1. Answer any three of the following (answer to each question must not exceed 200 words). Support your answer with legal provisions and decided cases :

(a) Under what conditions may the defence of insanity be pleased on behalf of an accused?
(b) Discuss, “attempt to commit suicide,” referring to the decisions of the Supreme Court on the Constitutional validity of Section 309 of the Indian Penal Code.
(c) What is meant by ‘innuendo’? What are the facts, the Plaintiff must prove or establish in order to sustain a plea of innuendo?
(d) Which one of the following two expressions is correct and why? ‘Law of Torst’ or ‘Law of Tort’.

(a) Discuss the importance of mens related with criminal law. Also explain the role of mens related in statutory offences with the help of relevant case law.
(b) X strikes Y with a stick. Y is by this provocation excited to violent rage. Z, a bystander intending to take advantage of Y’s rage and to cause him kill X, puts a knife into Y’s hand for that purpose. Y kills X with that knife. What offence is committed by Y and Z? Explain and discuss with reasons.

(a) The liability of joint tort-feasors is’joint and several’. In the light of this statement discuss who are joint tort-feasors and their liability with the help of illustrations and case law.
(b) “In tort of malicious prosecution the plaintiff must prove among other things, that the defendant was the person who was actively instrumental in putting the law in force”. Discuss.

(a) When is a public servant said to have committed an offence of criminal misconduct as defined in the Prevention of Corruption Act, 1988? Discuss referring to some decided cases.
(b) “The evil of dowry system has been a matter of serious concern to every one in view of its everincreasing and disturbing proportion.” Discuss and critically analyse whether the Dowry Prohibition Act, 1961 can cope with this social menace.

Section - B

5. Answer any three of the following (answer to each question must not exceed 200 words) :

(a) “All contracts are agreements but all agreements are not contracts”. Explain.
(b) “A contract without consideration is void but there are some contracts, which even though made without consideration, are valid”. Discuss.
(c) “Enumerate and explain briefly those relations in the Indian Contract Act which resemble those created by a contract.
(d) “The authority of an agent means his capacity to bind the principal”. Discuss.

(a) “The Indian Partnership Act has effectively ensured the registration of firms without making it compulsory”. Comment.
(b) 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?

(a) Define and distinguish between a ‘Condition’ and a ‘Warranty’. Under what circumstances can a breach of condition be treated as a breach of warranty?
(b) 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?

(a) “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.
(b) “In any event, adaptability and access to expertise are hallmarks of arbitration”. Discuss the advantages of arbitration over litigation.

2006

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words ):

(a) “In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch.” Elucidate with the help of constitutional provisions & judicial decisions.
(b) “Fundamental duties are only ethical and moral duties and should not form a part of the fundamental law.” Comment.
(c) “The issue of parliamentary privileges has been bone of contention and conflict between the Parliament and Judiciary.” Critically examine in the light of the decided cases.
(d) “The concept of natural justice is elastic and is not susceptible to precise definition.” Do you agree with this statement? Explain the concept of natural justice with the help of case-law.

(a) “Directive principles of state policy are not enforceable in the Court of Law but, nevertheless, they are fundamental in the governance of the country.” Discuss this statement with the help of decided cases.
(b) “Collective responsibility is the very basis of the Parliamentary system of government.” Do you agree with this statement? What has been the impact of coalition politics on the doctrine of collective responsibility?

(a) “The Constitution has imposed an obligation on the Union to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution. In order to enable the Union if to carry out this obligation the Constitution has conferred adequate powers on it.” Elucidate. Also discuss the safeguards against misuse of Article 356.
(b) What Constitutional safeguards are available to civil servants under the Constitution of India? Explain the circumstances under which a civil servant can be dismissed from service without holding a regular inquiry against him.

(a) “Essential legislative functions cannot be delegated.” Explain with the help of case-law. Also discuss the technique and utility of legislative control of delegated legislation.
(b) How far the Governor of a State is bound to act with the advice of his Ministers? What functions are required by the Constitution to be exercised in his discretion?

Section - B

5. Answer any THREE of the following (each answer should be in about 200 words) : —

(a) Do you agree with the view that “International Law is merely a positive morality”? Discuss the nature of International Law.
(b) “Asylum ends where extradition begins.” Explain fully.
(c) “In the eyes of International Law treaties are meant to be kept. Their obligation is perpetual.” Comment.
(d) “A State is, and becomes, an international person through recognition only and exclusively.” Discuss. Is there any duty under International Law to recognise a State?

(a) “The establishment of compulsory jurisdiction of the International Court of Justice is essential for the maintenance of international peace and security.” Comment. Why are countries generally reluctant to accept the compulsory jurisdiction of the Court?
(b) Discuss the basis of State jurisdiction. What are the exemptions to the territorial jurisdiction of State?

(a) “Arbitration is the most efficacious mode of settlement of international disputes.” Elucidate. Discuss the advantages and disadvantages of arbitration as a method of settling international disputes.
(b) What is the role of the United Nations in the promotion and protection of Human Rights? How far the Universal Declaration of Human Rights has been successful in creating a human rights culture?

(a) “WTO aims at progressive liberalisation of , world trade in goods and services and protection of intellectual property rights.” Explain. How WTO is a facility extending the institutional structure of GATT?
(b) Discuss the legality of the use of nuclear weapons in International Law.

Paper-II

Section - A

1. Answer any THREE of the following (answer to each question must not exceed 200 words). Support your answer with the help of legal provisions and decided cases :

(a) “An abetment of an offence being a complete offence by itself, an attempt of abetment of an offence is also an offence.” Examine.
(b) “Compensation to the victims of crime in India is the vanishing point of criminal jurisprudence.” Comment.
(c) What are liquidated damages and when are they awarded?
(d) “In tort the plaintiff wins his case only when he proves as to what particular tort the defendant has committed against him.” Examine.

(a) “To constitute the offence of conspiracy there must be an agreement of two more persons to do an act which is illegal or which is to be done by illegal means for one cannot conspire with oneself.” Discuss.
(b) An assistant sub-inspector A and a head constable B barged into the house of C, a businessman where he (C) was playing cards along with his six friends. A and B directed the card players to take out their wallets, threatening to take them to the police station. Apprehending registration of a case under the Gambling Act, all of them parted with Rs. 10,500/-in all. What offence have A and B committed?

(a) Discuss the rule of strict liability with the help of relevant case law. Is there any difference between strict liability and absolute liability?
(b) A, the owner of a mill, was getting water for his mill from a stream which was naturally flowing near the mill of A. B, the owner of another mill, dug an extensive well which hindered the flow of water to A’s mill. Is B liable for a tort? Give reasons to support your answer.

(a) The Supreme Court of India in a recent judgement pronounced, “Doctors cannot be held criminally liable under Section 304 A of the Indian Penal Code unless they are ‘grossly’ rash of negligent in performing their duties”. Is the judgement in favour of doctors or is it against the poor and illiterate patients in our country? Give your views with reasons.
(b) What are the ‘Civil Rights’ as defined by the Protection of Civil Rights Act, 1955? Enumerate the offences prescribed under the Act.

Section - B

5. Answer any THREE of the following (Answer to each question must not exceed 200 words) :

(a) “Insufficiency of consideration is immaterial but an agreement without consideration is void.” Comment.
(b) Distinguish an offer from a quotation or an invitation to an offer with the help of illustrations.
(c) Is a party rightfully rescinding the contract entitled to compensation? Explain. with the help of examples.
(d) “Any material alteration of a negotiable instrument renders the same void.” Discuss.

(a) “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.
(b) 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.

(a) What are the circumstances under which a party to a contract can plead impossibility as an excuse from performing his contractual obligation?
(b) (i) “Though a minor cannot be a partner in a firm, but he may be admitted to the benefits of the partnership.” Explain the rights and liabilities of a minor in the light of this statement.
(ii) There are two partners in a firm. One of them dies. Will it result in dissolution of the firm?

(a) “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.
(b) (i) State the procedure laid down in the Arbitration and Conciliation Act, 1996 for conciliation in the family disputes.
(ii) Discuss the essentials of hire-purchase agreement.

2007

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words) :

(a) What procedure would you suggest to the Government of India where under an agreement between the Government of India and a neighbouring foreign country a small portion of Indian territory comprised in State Y has to be ceded to the above foreign neighbouring country?
(b) “The doctrine of pith and substance introduces a degree of flexibility into the otherwise rigid scheme of distribution of legislative power under the Indian Constitution.” Justify this statement with the help of case law.
(c) “The Constitution of India is not true to any traditional pattern of federation.” Comment.
(d) What is the meaning of ‘Freedom of Press’ under the Indian Constitution? Can the freedom of press be restricted by a law requiring the press owners to pay minimum wages to the employees of the press? Decide.

(a) Examine and elucidate the scope and significance of Article 32 of the Constitution in the context of Public Interest Litigation as expounded by the Supreme Court in M. C. Mehta Vs. Union of India, AIR 1987 SC. 1086.
(b) When can the President’s Rule be imposed under Article 356 of the Constitution? Is there any need to amend Article 356? What will be your suggestion in this regard?

(a) Are these features in the Constitution of India that are basic or fundamental to it? Would you subscribe to the proposition that the Parliament’s competence to amend the Constitution is subject to the basic or fundamental features of the Constitution? Elucidate.
(b) Discuss in detail the advisory jurisdiction of the Supreme Court of India. Is the Supreme Court opinion binding on all courts?

4. Write short notes on the following :

(a) The doctrine of territorial nexus.
(b) Meaning of the term ‘Other Authorities’ under Article 12 of the Constitution
(c) Power of President of India to grant pardons, reprieves, etc. under Article 72 of the Constitution.

Section - B

5. Answer any three of the following (each answer should be in about 200 words) :

(a) “International Law is defined as ‘Vanishing point of Jurisprudence’.” (Holland). Examine this viewpoint with reference to the nature of International Law.
(b) Explain the doctrine of ‘Pacta sunt servanda’. What are the exceptions to the above doctrine?
(c) How does the ICJ get jurisdiction over contentious disputes ? Can a state be compelled to submit its dispute with another sovereign state without its consent?
(d) What do you mean by the term ‘Subjects of International Law’ ? What are its attributes?

(a) Discuss the importance of International Customs as a source of International Law. When does a usage crystallize into a custom?
(b) International practice supports the evidentiary theory as to the nature, effect and function of recognition. Comment.

(a) Define ‘Continental Shelf and distinguish it from ‘Exclusive Economic Zone’. Critically evaluate the rights and obligations of coastal states in the Exclusive Economic Zone.
(b) Discuss the powers of the Security Council to investigate any ‘dispute’ or ‘situation’ inimical to international peace and security.

8. Write explanatory notes on the following :

(a) Territorial Sea
(b) International Criminal Court
(c) Jus Cogens

Paper-II

Section - A

1. Answer any Three of the following (answer to each question must not exceed 200 words). Support your answer with legal provisions & decided cases:

(a) Describe the kinds of punishments to which offenders may be punished under the provision of Indian Penal Code, 1960.
(b) What is meant by ‘extortion’? Explain its ingredients and distinguish between ‘theft’ and ‘extortion’.
(c) The doctrine of “alternative danger” is the extention of the doctrine of “contributory negligence”. Discuss.
(d) Distinguish between tortious liability and criminal liability!

(a) When an offence of ‘adultery’ is said to be committed? Whether a wife may be punished for the offence of adultery as an abettor? Distinguish between the offences of ‘rape’ and ‘adultery’.
(b) A with the intention in good faith of saving human life and property, in a great fire, pulls down houses in order to prevent the conflagration from spreading it. A pleads that the harm to be prevented was of such a nature and so imminent as to justify or excuse his act. Decide, whether A has committed any offence?

(a) “If a person brings or accumulates on his land anything which if it should escape may cause damages to his neighbours, he does so at his peril.” Discuss the above statement by referring the judicial pronouncements alongwith the exceptions thereto.
(b) “Acts done with the intention of annoying a neighbour and actually causing annoyance will be nuisance.” Comment. ‘A’, a music teacher, gives music lessons at his residence. B, the neighbour, resides in the adjoining house, maliciously causes discomfort to A, by hammering against the party wall, beating the trays, whistling and shricking. A prays for an injunction against B, should he succeed?

(a) Discuss the composition and objects of Consumer Protection Council under the Consumer Protection Act, 1986.
(b) Define and discuss the ingredients of “corruption” as given under the provisions of the Prevention of Corruption Act, 1988.

Section - B

5. Answer any THREE of the following (answer to each question must not exceed 200 words) :

(a) “All illegal agreements are void but all void agreements are not illegal. Discuss.
(b) “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.
(c) Explain the meaning of ‘free consent’ as an essential element of a valid contract and enumerate the factors vitiating ‘free-consent’.
(d) What is meant by the doctrine of “supervening impossibility”? Under what circumstances the “supervening impossibility” may arise?

(a) 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.
(b) Under what circumstances a partnership firm may be dissolved by the intervention of the court.

(a) “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.
(b) Discuss the rights of ‘unpaid seller’ against the goods as described under the Sale of Goods Act, 1930.

(a) Who can make negotiable instrument? Whether a promissory note duly executed in favour of minor is void? Give reasons.
(b) 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.

2008

Paper-I

Section - A

1. Answer any THREE of the following (Each answer should be about two hundred words) :

(a) ‘Rule of Law’ does not mean rule according to statutory law, pure and simple, because such a law may itself be harsh, inequitable, discriminatory or unjust. ‘Rule of Law’ connotes some higher kind of law which is reasonable, just and non-discriminatory. Explain.
(b) “With a view to enabling Parliament to act and x discharge its high functions effectively, without any interference or obstruction from any quarter, without fear or favour certain privileges and immunities are attached to each House collectively, and to the Member thereof individually.” Critically examine the statement.
(c) Examine the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court as expounded by the Supreme Court of India.
(d) Explain and elucidate the significance of the various strategies adopted for the implementation of the ‘Directive Principles’ of Stale Policy enshrined in Part - IV of the Indian Constitution.

(a) The framers of the Constitution felt that, in an emergency, the centre should have overriding powers to control and direct all aspects of administration and legislation throughout the country. Elucidate.
(b) ‘Judicial review is one of the basic features of the Constitution.’ Do you agree with the view? Cite relevant case laws.

(a) “The legislature cannot delegate its powers to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law intents to make its own action depend.” Critically comment on the above statement and discuss with the aid of relevant legal provisions and case laws.
(b) “Equality is the basic feature of the Constitution of India and any treatment of equals unequally or unequals as equals will be violation of basic structure of the Constitution of India.” Explain.

4. Write short notes on the following:

(a) The distinction between ‘Executive Power’ of the President and his ‘Constitutional Power’.
(b) Rights of the Press and the problem of Pre- censorship.
(c) The scope of the constitutional harmony and balance between ‘Fundamental Rights’ and ‘Directive Principles’ of State Policy.

Section - B

5. Answer any THREE of the following (Each answer should be about two hundred words):

(a) “It is difficult to maintain the distinction between formal and material sources taking into account that material sources consist simply of quasi constitutional principles of inevitable but unhelpful generality. What matters is the variety of material sources, the
all-important evidence of the
existence of consensus among States concerning particular rules of practice.” Critically examine the various sources of International Law in the development of Modern International Law, with the help of relevant case law.
(b) “India is neither a signatory to the 1951 Convention nor to the 1967 Protocol relating to the status of refugees and is already a signatory to other Universal Human Rights instruments. The Indian courts have taken the lead by resorting to judicial activism in protection of refugees with the aid of International Instruments, constitutional and various legislative provisions.” Discuss.
(c) Explain the concept and characteristics of ‘Third World Countries’. Critically examine the demands and the achievements of ‘Third World Countries’ in shaping New International Economic Order.
(d) Do you find any distinction between the State Liability and State Responsibility under International Law ? Critically examine the general principles of State Respon-sibility in International Law.

(a) “International Organisations are very important to International Trade Law.” Examine the role of relevant International Organisations involved in the development of International Trade Law.
(b) Explain the need, objectives and outcome of the Bretton Woods Conference of 1944. Discuss the similarities and distinctions between the International Monetary Fund (IMF) and the ‘International Bank for Reconstruction and Development (IBRD).’ Critically examine the role of IMF and IBRD initiatives in the liberalisation, privatisation and globalisation of economies, while focussing on the problems of the developing countries.

(a) “It is evident that general International Law does not prohibit intervention under all circumstances, forcible interference in the sphere of interest of another Stale is permitted as reaction against violation of International Law.” Critically examine the statement.
(b) “The general principles and prescriptions of International Law are not without applicability to problems of transnational pollution - an environmental degradation. Thus fundamental principle of international limits action by one State which would cause injury in the territory of another state “ “There has been general recognition of the Rule that a State must not permit the use of its territory for purposes injurious to the interest of another State Explain.

8. Write notes on the following:

(a) Globalisation and Human Rights.
(b) India’s accession to the WTO : Pros and Cons.
(c) Laws relating to Territorial Waters, Continental Shelf and High Seas.

Paper-II

Section - A

1. Answer any THREE of the following (answer to each question must not exceed 200 words). Support your answer with the help of legal provisions & decided cases:

(a) “Offence does not happen all of a sudden, it passes through some stages.” Discuss and distinguish between preparation to commit offence and an attempt to commit an offence.
(b) Discuss the rules regarding joint and constructive liability in Criminal Law. Do you find any distinction between similar intention and common intention?
(c) “State has to answer for every wrong committed by its erring servant.” Comment.
(d) “It is an actionable wrong to institute, maliciously and without reasonable and probable cause, criminal proceedings which may injure person’s reputation, personal freedom or property.” Elucidate.

(a) “Right of private defence can be exercised only against the offender.” Explain and discuss also the circumstances when even death can be caused of the accused in exercise of right of private defence of property.
(b) “In all robbery there is either theft or extortion.” Explain. A holds Z down, and fraudulently takes Z’s money and jewels from Z’s person without Z’s consent and for this purpose he causes a wrongful restraint to Z. Discuss A’s liability.

(a) “It is not the hindsight of a fool, it is the foresight of a reasonable man which alone can determine the liability.” Discuss. A threw a lighted cracker in a crowded market. It fell on B’s shop. C was standing nearby. To save himself and B’s shop too, C threw the cracker away. It then fell on D’s shop. D in his turn, threw it away which then fell on E who became blind. Decide, who is liable to E?
(b) “Knowledge of the danger does not amount to consent to undertake the risk.” Discuss with the help of decided cases.

(a) “The law of consumer protection has come to meet the long felt necessity of protection to the common men from the wrongs for which the remedy under ordinary law for various reasons has become illusory.” Discuss this statement and explain to what extent the Consumer Protection Act, 1986 has succeeded in its objectives.
(b) Critically examine the concept of ‘plea bargaining’ and evaluate its scope in India.

Section - B

5. Answer any THREE of the following (Answer to each question must not exceed 200 words). Support your answer with legal provisions and decided cases :-

(a) “For giving rise to a valid contract, there must be consensus ad-idem among the contracting parties.” Explain this statement.
(b) “Law as well as justice should try to prevent unjust enrichment.” Critically examine this statement in relation to quasi-contracts.
(c) “Liability of the surety is secondary.” Comment.
(d) “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.

(a) “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.
(b) “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.

(a) “The object of Sec. 138 of the Negotiable Instruments Act, 1881 is to inculcate 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.
(b) The “precautionary principle” and the “polluter pays principle” are the parts of the environment law of this country. Explain in the light of decided cases.

(a) “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..
(b) “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.

2009

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words): 20 × 3 = 60

(a) Differentiate between ‘Federal Constitution’ and ‘Federal Government’. Based on judicial pronouncements and your perception of the working or our Constitution, comment on whether India has a Federal Government or a Federal Constitution.
(b) “There is still a controversy whether Reasoned Decisions’ comprise a third pillar of natural justice.” Do you agree with this statement? Discuss with reference to recent case laws.
(c) Define and distinguish between ‘formal equality’ and ‘substantive equality’ as interpreted by the Apex Court of the country.
(d) How would you judge the constitutional validity of an Amendment giving primacy to the executive in the matter of appointment of the judges of the Supreme Court and High Courts?

(a) “By evolving the concept of jurisdictional facts, the Courts have broadened the power of judicial review of administrative action.” Discuss this statement and compare the extent of judicial review of administrative action over jurisdictional facts and ordinary facts.
(b) “The term ‘freedom of speech and expression’ in Article 19(l)(a) has been held to include the” right to acquire information and disseminate the same.”
Elucidate the import of this statement in the context of media industry. Is the right to paint or singi pr dance covered by Article 19 (1) (a) of 4) the Indian Constitution or not?

(a) “The Directive Principles which have been declared to be ‘fundamental’ in the governance of the country cannot be isolated from Fundamental Rights.” Explain critically. Also throw light with reference to recent judgments on the Supreme Court’s view as regards the interplay of Directive Principles and Fundamental Rights:
(b) Spell out the object and reasons of Part IV A of the Constitution of India. Do you support this addition to the Constitution of India? Give reasons and also suggest some effective measures to make these provisions more realistic and operational.

4. Write short notes on/Answer the following:

(a) Scope of the Right with regard to self- incrimination
(b) Indian ombudsman - unfulfilled dream
(c) “Powers of Election Commission are not sufficient.” Comment.

Section - B

5. Answer any three of the following (each answer should be in about 200 words) :

(a) Define and distinguish between ‘arbitration’ and ‘judicial settlement’ in the context of the rules of International Law. Also mention the relevant provisions regarding ‘forum prorogatum’.
(b) “Humanitarian Law is no longer Geneva and the Hague Law but transcends these conventions to reach cosmic stature and seek expression through the United Nations and other transnational instruments.” Discuss with reference to growth and development of International Humanitarian Law in the present century.
(c) “A human rights violation is now conceived as a violation not only of those personally and directly aggrieved but of everybody.” Examine critically the above statement with reference to present scenario of our country and rest of the world.
(d) “In practice the relationship between International Law and Municipal Law exists in the mixture of International Law supremacy, Municipal Law supremacy and a coordination of legal system.” Comment on the aforesaid statement of Edward Collins in the context of the relationship between International Law and Municipal Law.

(a) Examine critically the different views regarding the recognition of States, highlighting the legal consequences of acts of recognition and policies of non-recognition. Also mention the difference between ‘express recognition’ and ‘implied recognition’.
(b) Enumerate the main features of International Criminal Court. What credit would you attribute to the functioning of this Court? What are the major drawbacks of this Court? Discuss, in this context, the possible amendments to the Regulations of the International Criminal Court.

(a) Would you support the idea of the general review of the United Nations Chater? Give reasons. Also give your opinion about the continuity of die ‘Veto System’. What is the stand of India in these respects?
(b) Explain critically the principle of ‘jus cogens’. Distinguish between ‘Equal Treaties’ and ‘Unequal Treaties’. Give examples and also discuss the salient features of Vienna Convention on the Law of Treaties.

8. Write short notes on the following :

(a) Sanctions of International Law
(b) ‘Piracy jure gentium’ on High Seas
(c) Manila Declaration, 1982

Paper-II

Section - A

1. Answer any THREE of the following (answer to each question must not exceed 200 words). Support your answer with the help of legal provisions and decided cases.

(a) ‘Although the requirements of mens related is, general throughout the criminal law, there are numerous exceptions to it’. Explain with illustrations.
(b) ‘Necessity knows no law’. Comment giving illustrations
(c) ‘Volenti non fit injuria is a defence for liability in tort’. Illustrate your answer with decided cases.
(d) Explain the ingredients of “Innuendo”. What is a plaintiff required to prove in order to sustain the plea of Innuendo?

(a) Explain the ingredients of the offence of criminal misappropriation of property and distingish this from criminal breach of trust. A sees Z drop his purse with money in it. A picks up the purse with the intention of returning it to Z, but afterwards appropriates it for his own use. Has A committed any offence? Discuss.
(b) Distinguish between culpable homicide and causing death by rash or negligent act. A, a woman with a view to poisoning her husband, administered to him a substance which she believed to be poison, but which in fact was harmless. What offence if any she has committed in this case?

(a) ‘A statement made in performance of duty is privileged’. In the light of this statement critically examine the tort of defamation.
X the famous writer and art critic while criticising the paintings of Y the famous painter, wrote in the newspaper as follows :
‘Mr. Y’s paintings are pots of paint hurled in the eyes of the public’. He afterwards wrote to Y saying that whatever he had written had been said by him in the course of his duty and hoped that he would not allow this to interfere with their friendship. Y replied and said ‘Next time I meet you, I shall punch your nose them hard. I hope you will not allow this to interfere with out friendship’.
What torts, if any, have they committed and what defences are available to them?
(b) ‘A master is not responsible for a wrongful act unless it is done in the course of employment’. Comment and explain the circumstances when wrongful acts are deemed to be done “in the course of employment”. Refer to decided cases.

(a) “The enforcement of any disability arising out of untouchability is to be an offence punishable in accordance with law”. Comment upon this statement and discuss in this context the scope of protection of Civil Rights Act, 1955.
(b) “Damnum sine injuria and injuria sine dammum are two different principles of law”. Comment briefly.
(c) List briefly the procedure to be followed by a District Forum on receipt of a complaint regarding defective goods under the Consumer Protection Act, 1986.

Section - B

5. Answer any THREE of the following (answer to each question must not exceed 200 words). Support your answer with legal provisions and decided cases.

“(a) ‘An invitation to treat is not an offer’. Explain.
(b) ‘An attempt at deceit which does not deceive is not fraud’. Do you agree?
(c) “A cheque marked ‘not negotiable’ is neverthless negotiable”. Comment.
(d) ‘A quantum meruit, although a quasi contract, arises out of a contract’. Comment

(a) ‘Information Technology - brought about by Computers, Internet and 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.
(b) ‘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?

(a) ‘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.
(b) 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.

8. Distinguish between the following, citing relevant provisions/case laws. Limit your answers to about 200 words each.

(a) ‘Contract of indemnity’ and ‘Contract of guarantee’.
(b) ‘Specific offer’ and ‘General offer’.
(c) ‘Sale’ and ‘hire purchase’ agreement.

2010

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words): 20×3=60

(a) “The fragrance and colour which is enshrined in Article 141 of the constitution of India is destined to uphold the Rule of Law in the interest of justice and people of India.” Do you agree? Give reasons.
(b) Whether right to vote is a fundamental or a statutory right? Justify your statement with the help of relevant case-law on this subject.
(c) “While certainty of law is important in India, it cannot be at the cost of justice.” Critically examine this statement in the context of ‘curative petition’ in Indian and also refer relevant case-law.
(d) The doctrine of separation of powers in its classical sense, which is fundamental rather than structural, cannot be applied in any modern government. Discuss

(a) New frontiers of criminal justice have been spelled out from Article 21 of the Constitution, which provides that no person shall be deprived of his right to life and personal liberty except according to procedure established by law. Discuss and refer to decided cases.
(b) Locus standi is necessary for challenging an administrative action, through a write petition. How has it been liberalized in case of public interest litigation? Comment on the statement that “PIL is not a PILL against all the ILLS.”

(a) Critically examine the role of the Supreme Court of India in the maintenance of minimum standards in public life and polity. Opine on how much of it is enforcement of the rule of law and how much of it is judicial activism.
(b) In recent times the role of governor in the appointment and dismissal of Chief Minister has been impugned and it is said that the Court has assumed the role of the Governor and the Speaker comment. Refer to recent cases where the Supreme Court has directed to take composite floor test and report to the Court.

4. Write critical notes on the follow:

(a) “The power to destroy the constitution is not included in the power to amend the Constitution.
(b) “The power to destroy the constitution is not included in the power and amend the Constitution.”
(c) “The doctrine of excessive delegation is a judicially tailored principle.

Section B

5. Answer any three of the following (each answer should be in about 200 words): 20×3=60

(a) “The fundamental principles of International law are passing through a serious, criss and this necessitates its reconstruction.” Do you agree with this statement? Give reasons.
(b) Comment on the statement that ‘WTO’ is the main organ for implementation of Multilateral Trade Agreements and is the third economic pillar or the worldwide trade and commerce.
(c) A reservation, which purports to exclude or to modify the legal effects or certain provisions of the treaty in their application to that State, is accepted in practice, if it is compatible with object and purpose of the treaty. Discuss the practice of deferent nations and opinion of ICJ regarding admissibility of reservation to the conventions.

(a) “The traditional definition of International law with its restriction to the conduct of States inter se, in view of developments during the last six decades cannot stand as a comprehensive description of all the rules now acknowledge to form part of part of International law.
(b) Discuss with illustrations the law and the proactive of various States in relation to non-recognition of governments.

(a) Normally the State are reluctant to resort to the International Court of Justice mainly due to political factor; the general conditions of international relations; the greater suitability of other tribunals; a flexibility of arbitration in compression jurisdiction and difficulty in getting enforcement of the decision of the court. However, the court has made a reasonable contribution in setting disputes.
(b) How would you react to the statement that TRIPS agreement on the one hand is a historic act but on the other hand it failed to achieve the goals of improving trading powers and trade issues of het least developed countries? Comment.

Paper–II

Section A

1. Answer any three of the following (each answer should be in about 200 words): 20×3=60

(a) Distinguish common intention from abetment and criminal conspiracy.
(b) “Under the Indian Penal Code there is no right of private defence in which there is time to have recourse to the protection of public authorities.” Examine
(c) Defence of ‘Volenti-non-fit injuria’ is not available when the rescuer is injured in an act of recurring” Discuss.
(d) Discuss the principle of Res-ipsa-Loquiture. Refer to recent cases.

(a) “In order to constitute a public nuisance there must be an act or an illegal omission, and it is not necessary that the act should be illegal.” Explain the offence of public nuisance with the help of decided cases.
(b) ‘A’ and ‘B’ were both security guards posted outside the home of senor army officer, Mr. X. They often used to exchange hot words with each other in context to the other. On the day of Holi festival both of them had a verbal exchange due to the act that both wanted to go to home early for festival, that led to altercation between the two, both of them instantaneously aimed their revolvers at each other respectively. ‘C’ who was also on duty with them intervened and pacified both of them. Both ‘B’ noted that ‘A’ had lowered his revolver, he immediately fired at ‘A’ and killed him. On being tried ‘B’ was awarded death sentence. However, on appeal the High Court acquitted ‘B’ on the pleas of self-defence. The State intends to go in for appeal in the Supreme Court against the decision of the High Court. Advise in the light of the case law on the subject.
(c) Discuss the law relating to criminal intimidation. Refer to case law. In what was is extortion different from criminal intimidation?

(a) What test has the Supreme Court prescribe to understand ‘the rarest of the rare cases theory’ while inflicting capital punishment? Can one argue that capital punishment in any case in against human right jurisprudence?
(b) Do you find it is necessary to convict the accused both under section 304-B and Section 498-A of penal Code? Refer to recent cases.
(c) Mr. A, a chronic heart-patient was drawn into a political debate and in the course of arguments his adversary looked at him fiercely and said that people like him should be hit till they are dead” Hearing this ‘A’ suffers a heart attack and dies on the spot. Discuss the liability of his adversary. Argue for the State also.
(d) ‘A’ a minor girl leaves her parents House because of ill treatment and lives with ‘B’ her friend. Can he (B) be prosecuted for kidnapping?

(a) The editor of a weekly published a series of articles directed against the business of the plaintiff alleging how the wealth of the vast empire was build up by having recourse to the unlawful and questionable means involving tax-evasion, import-export rackets, foreign exchange violations and how the investigations into the operations of the organisation were bogged down. In an action for defamation, the defendant put up the defence of fair comment on a matter of public interest. The plaintiff brought evidence to show that the defendant had to tender an apology to the plaintiff in an earlier defamation case and that he present publication was motivated by malice. Discuss the defence of fair comment in the light of the facts of the case.
(b) We must use our property so as not to cause discomfort to another’s use of property. Yet a temporary discomfort is not actionable. Explain the law.
(c) Discuss the liability of hospitals under the consumer protection Act, 1986. Refer to decided case also.

Section B

(a) 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.
(b) The very object of taking a surety is defeated, if the creditor is required to postpone his remedies against the surety. Expand the laity of the suety.
(c) What do you understand by a Promissory Note? Discuss.
(d) Mere cessation of trading does not result in dissolution of a partnership. Rights and liabilities need to be settled between the partners. Explain.

(a) The competition Act is designed to prevent monopolies and unfair trade practices against smaller competitors and consuming public elucidate.
(b) Public interest Litigation has been a significant tool in protecting the environment Discuss with the help of cases.

(a) An impartial and independent conciliator assists the parties in resolving their dispute amicably. Discuss the provisions of law relating to conciliation.
(b) Distinguish between ‘Foreign Award’ and the enforcement of ‘Foreign Award’ with the help of case law.

(a) Examine the legal recognition of ‘Digital Signature’ and explain the procedure for its registration under the information Technology Act.
(b) The principle of passing off’ in an action has been extended to theuse of ‘false trade description. Explain the conditions for two successful passing off action and the defenses available to the opposite party.

2011

Paper-I

Section - A

1. Answer the following (each answer should be in about 150 words):— 15×4=60

(a) Constituent power to frame the constitution and the constituent power to amend the constitution have different connotation and scope. Explain.
(b) “The Judiciary by usurping the powers of the other two organs of the Government in certain matter has diluted the theory of separation of powers.” Do you agree? Examine critically?
(c) Do local bodies enjoy autonomy in performing their role in the field of economic development and social justice? Explain.
(d) The Governor of a State holds office during the ‘pleasure’ of the President of India. Can he be removed by the President any time without any reason? Examine in the context of the position of the Governor under the Indian Constitution.

(a) ‘Equality is a dynamic concept with many aspects and dimensions, and it cannot be cribbed, cabined or confined within traditional and doctrinaire limits.’ Explain, how the judiciary has widened the scope of the right to equality by various decision.
(b) Right to life has been extended to a clean human environment by the Courts in India. Discuss the development of law in this regard.30

(a) The decision of the Supreme Court of India in ADM, Jabalpur v.S. Shukla, according to Dr. Upendra Baxi, “made the darkness of emergency completely dark”. Do you think that the Constitution (44th Amendment) Act 1978 removed this darkness and provided for better protection of the Fundamental Rights? Explain.
(b) Examine whether the Election Commission of India has succeeded in performing the two responsibilities entrusted to it under Art. 324 of the Constitution of India? What steps would you suggest to ensure the preparation of correct electoral rolls?

4. Write critical notes on the following:— 20×3=60

(a) Doctrine of Prospective Overruling.
(b) Duties of the Prime Minister regarding furnishing of information to the President.
(c) Secularism.

Section B

5. Answer the following (each answer should be in about 150 words): 15×4=60

(a) One extreme view is that International Law is a system without sanctions. However, it is not quite true that there are no forcible means of compelling a state to comply with International Law.
Comment and state various sanctions for the observance of International Law.
(b) ‘The Universal Declaration of Human Rights is comprehensive and has to some extent affected the content of national laws, being expressly invoked by tribunals, yet it is not a legal instrument and some of its provisions could hardly be said to represent legal rules. Some of its provision either constitute general principles of law or represent element considerations of humanity. Perhaps its greatest significance is that it provides an authoritative guide, produced by the General Assembly, to the interpretation of the provisions in the Charter.’
Comment and discuss the importance of the Universal Declaration of Human Rights.
(c) The Stockholm Conference of 1972 on the human environment served to identify those areas in which rules of International environment law, acceptable to international community as a whole can be laid down, and as well as those areas in which the formation of environmental rules must encounter insurmountable obstacles. Discuss the principles of international environment law proclaimed in the Stockholm Declaration.
(d) What is international terrorism? Discuss various actions taken by the United Nations to eliminate the causes underlying international terrorism.

(a) “The distinction between ‘dejure/defacto recognition’ and ‘recognition as the dejure and defacto government’ is insubstantial, more especially as the question is one of intention and the legal consequences thereof in the particular case. If there is a distinction it does not seem to matter legally.” Comment and discuss the distinction between the two.
(b) “Vessels on the high seas are subject to no authority except that of the State whose flag they fly. In virtue of the freedom to the sea, that is to say, the absence of any territorial sovereignty upon the high seas, no State may exercise any kind of jurisdiction over foreign vessels upon them.” Give a critical appraisal of this principle in the light of the case law and views of the International Law Commission.

(a) “The principle of State being obliged to “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered” is generally bashed aside by the tendencies of the nation-states of being reticence to submit disputes to independent, impartial adjudication, particularly not accepting in advance the compulsory jurisdiction of an independent judicial body.” Explain the statement with reference at least to one such conflict existing in the world and also prepare a module for promoting negotiations among nations, using new opportunities created by globalisation.
(b) “Extradition as a rule is effected by bipartite treaty. There is, therefore, no duty to extradite in the absence of a treaty. Further, the extradition treaties normally relate only to serious crimes and impose the same obligation on both the parties concerned.” Give your opinion on the correctness of this statement with reference to the existing position under the International Law. Also critically examine this practice in the light of ever increasing individual movements for trade and service to suggest necessary modifications in law.

(a) The four Geneva Conventions of 1949 for the protection of war victims cover the wounded and sick and land warfare; the wounded, sic and ship-wrecked in warfare at sea; prisoners of war; and civilians. Discuss these protections.
(b) ‘The United Nations is capable of legal development in accordance with the needs and circumstances. The Uniting for Peace Resolution, 1950 is its example.’ Discuss the validity of this resolution. 30

Paper-II

Section - A

1. Answer the following. (answer to each part must not exceed 150 words). Support your answer with legal provisions and case law. 15×4=60

(a) “The Indian Penal Code gives protection to one who does an act in good faith for the benefit of another.” Discuss.
(b) “The Indian Penal Code extends protection to acts done by misfortune under certain circumstances.” Discuss.
(c) “Tort is concerned with the allocation on prevention of losses which are bound to occur in society.” Discuss.
(d) “Before a person can recover for loss which he suffered from another person’s act, it must be shown that his case falls within the class of actionable wrongs.” Discuss.

(a) “Merely doing certain acts that would bring the Government established by law into hatred or contempt is not the decisive ingredient of Sedition.” Discuss. Also state the view of Law Commission of India about reforms of this provision. 30
(b) ‘A’ with the intention of bringing “Hashish”, a prohibited drug in India, stealthily brought in his bag a cover believing that it contains “hashish” while coming from Bangladesh to India. While trying to sell the same to ‘B’ a dispute regarding its price arose. B grudgingly informed the police who opened the bag. It was found that it was a harmless snuff power and not hashish. Discuss the liability of A. 30

(a) “It would be wrong to perceive nudity and sex as essentially obscene, indecent or immoral. Sex and obscenity are not always synonymous.” In the light of the above statement elaborate the position of obscenity as an offence in India. 30
(b) An army Jawan X who was away from his home for the last two years, requested his senior Y for leave, which Y refused. Annoyed at this, X fired two shots at Y, one shot hitting Y beneath the knee of the right leg as a result of which he fell down. X fired another shot which hit Y at the upper left arm. Y died after then days. Discuss the liability of X.

(a) “The defendant must not only owe the plaintiff a duty of a care, he must be in breach of it.” In the light of the above statement examine as to how would the court find out as to whether there is a breach of a duty on the part of the defendant or not. Refer to case law.30
(b) “With the enactment and implementation of the Consumer Protection Act, 1986, a new consumer jurisprudence has developed in India.” Elaborate. 30

Section B

5. Answer the following. (Answer the each part must not exceed 150 words). Support your answer with legal provisions and decided cases:— 15×4=60

(a) “Standard from contracts exist in complete disregard to the established principles of freedom of contract and equality of bargaining power of the parties.” Elucidate.
(b) “There can be no contract of guarantee unless there is someone primarily liable.” Comment.
(c) “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.
(d) “Lok-Adalatas in India manifest the purpose and objective laid down in Alternate Dispute Resolution Schemes.” Discuss.

(a) “Ratification is a kind of affirmation of unauthorized acts.” Critically examine. Is there any different between ‘agency by estoppel’ and ‘agency by ratification’? Discuss. 10
(b) A Central Government Medical Research Institute in collaboration with an MNC used a drug on experimental basis on humans for curing cancer. Some of the patients died due to this drug. In order to sue for compensation for such victims and violation of right to privacy, Mr. X, a relative of a deceased patient sought information through the instrumentality of Right to Information Act. The information was refused on the ground that it affects the contracting power of the Central Government with foreign companies and violates trade secrets too. Decide. 30

(a) “Competition Law needs to have necessary provisions and teeth to examine and adjudicate upon anti-competitive practices.” Examine and evaluate this statement in the context of the Competition Act, 2012.
(b) “The rise of Environmental Crimes in spite of Environmental Legislations is due to absence of adequate punitive methods of sentencing.” Discuss. 30

(a) “Passing of property and delivery of goods are two different concepts.” Explain with the help of provisions of The Sale of Goods Act and case law.
(b) What is securing of digital signature under the Information Technology Act, 2000? State the duty of distance of the Certifying Authority. 30

2012

Paper-I

Section A

1. Answer the following (each answer should be in about 150 words): 12 × 5 = 60

(a) “The entries in the legislative lists are not the source of powers for the legislative constituents, but they merely demarcate the fields of legislation. It is now well settled law that these entries are to be construed liberally and widely so as to attain the purpose for which they have been enacted. Narrow interpretation of the entries is likely to defeat their object as it is not always possible to write these entries with such precision that they cover all possible topics and without any overlapping.” Critically evaluate the above statement with reference to interpretation of legislative entries contained in Seventh Schedule to the Constitution.
(b) Are personal laws ‘law’ for the purpose for Part III of the Constitution? Discuss with reference to leading case law.
(c) What is meant by ‘individual responsibility and ‘collective responsibility’ of the Council of Ministers? What would be the consequence of ‘individual responsibility’ in case a Minister of the Government is found guilty of tort of misfeasance by the Supreme Court of India? Comment.
(d) What is the justification behind the Pardoning power of the President of India Article 72 of the Constitution? Discuss with reference to Supreme Court case the extent to which the exercise of this power can be subjected to judicial review.
(e) Do you agree with the statement that ‘re-looking of the process of delegated legislation is necessary particularly in extent to substantial amount of public participation?’ Comment critically.

(a) What do you understand by the term ‘Constitutional Conventions’? Are they are relevant in a country like India having a lengthy written constitution with preamble? 20
(b) “Concept of Court is a power inherent to a court of record.” In this regard discuss the sweep of power of the Supreme Court and the High Courts to punish their contempt. Also examine the defences of ‘fair criticism’ and ’truth’ in the light of Contempt of Courts Act, 1971. 20
(c) In what circumstances and for violation of which right can monetary compensation be awarded to the victims? What is your view for adopting such an approach by judiciary? Analyse critically. 20

(a) With special reference to the landmark judjements of the Supreme Court of India, discuss the effect of relegation of the right to property from being a fundamental right to a constitutional right. Also suggest the change required to the made in the Land Acquisition Act, 1894. 20
(b) In the presence of institution like Competition Commission of India, where polity making and adjudicatory functions are fused, comment on the significance of the doctrine of separation of powers in the contemporary Indian scenario. 20
(c) In there any difference between ‘Right to information’ and ‘Right to be informed’? Do we have any provision in the Constitution in this regard? Discuss with reference to case law.20

4. Write critical notes on the following: 20 × 3 = 60

(a) Doctrine of Legitimate Expectation
(b) Institution of Local Self Government
(c) Modern progressive approach of the principles of natural justice

Section B

5. Answer the following (each answer should be in about. 150 words) 12 × 5 = 60

(a) It is often said that customary international law is earlier to apply than to define. What are the inherent problems in defining ‘custom’ and how can a custom be considered as a source of international law?
(b) With reference to the relationship between international law and municipal law, discuss the ‘transformation’ and ‘specific adoption’ theories. How can these two theories be harmonized with reference to States’ obligations under relevant international law.
(c) Identify and comment on the three major grounds for a State party to avoid its treaty obligations.
(d) “The rules of the humanitarian law of war have clearly acquired the status of ‘just cogens’, for they are the fundamental rules of a humanitarian character, from which no derogation is possible without negating the basic consideration of humanity which they are intended to protect.” Evaluate the above statement and also point out the major distinction between humanitarian law and law relating to human rights.
(e) Do you agree with the statement that ‘United Nations is a World Government? Give reasons for your answer.

(a) What is a meant by right of national self determination of peoples and what is its role in the creation of a new State? Critically examine how minority right can be protected while balancing the territorial integrity of State at the same time. 30
(b) ‘Legal restraint on the use of force’ is the fundamental postulate on which the conception of enforcement of peace is based upon in modern international law. Enumerate and elucidate various international legal instruments with the help of which this concept is actually practiced. 30

(a) “With the exception of disputes of an exclusively legal character which are usually submitted to arbitration of judicial settlement, it is purely a matter of policy or expediency which of the different methods is to be adopted for composing a particular difference between States.” Explain the different methods of peaceful dispute settlement envisaged by the United Nations Charter and examine the appropriateness of each in different situations. 30
(b) In the light recent European crisis, critically assess the success of regional organizations of countries for cooperation in matters of trade and commerce. How far do geo-political proximities further economic cooperation? 30

(a) Having regard to the United Nations Convention on Law of Sea (UNCLOS-III), which came into force in 1994, and its tow predecessor UN Conventions on the Law of the Sea, analyse how far these conventions have been able to effectively codify customary international law of sea. 30
(b) Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 1966 providing an enforcement mechanism for individual in the international sphere is a watershed moment for the enthusiasts of second generation rights. Discuss the proposed mechanism, its significance and viability. 30

Paper-II

Section A

1. Answer the following. (Answer to each part must not exceed 150 words.) Support your answer with the help of legal provisions and decided cases: 12 × 5 = 60

(a) “Culpable homicide is the genus and murder is species, and that all murders are culpable homicide but not vice versa.” Discuss in the light of legal provisions and some decided cases.
(b) “The recent Criminal Law (Amendment Bill, 2011 seeks to replace ‘rape’ by the term ‘sexual assault’ in the IPC and intends to made rape a gender-neutral offence in the country.” Examine whether this is appropriate.
(c) “The expression ‘good faith’ has a definite identity in the Indian Penal Code.” Discuss.
(d) The defendant had been carrying cargo in a lorry for the plaintiff: On the way there was heavy rainfall. The cargo was damaged by seepage due to rainwater rising from below, while it had been securely protected by the defendant by tarpaulin from above. The flash flood on the highway had stranded hundreds of lorries including that of the defendant, and the water level on the highway rose above tyres and up to the level of the platform which resulted in the see page.
However, the plaintiff claimed heavy damages from the defendant on the ground of negligence or want of due care. Discuss whether the defendant can have any defence in this case.
(e) “The principle of ‘res ipsa loquitur’ is an exception to the rule that it is for the plaintiff to prove negligence of the defendant. Discuss with reference to some cases.

(a) Explain the essentials of malicious prosecution. What are the grounds on which plaintiff can claim damages? 30
(b) Mr. X himself was driving a car and when he was hit by a mail train. The car was smashed and Mr. X was seriously injured, and died in hospital. In an action by the window against the Union of India, as owner of the Railway, it was contended that the level crossing was unmanned and the gates were open. This constituted negligence on the part of the railway. Further it was contended that there was no contributory negligence on the part of Mr. X, the deceased, as he could not have a look at the railway line from a distance as his view was obstructed by some trees, etc., nor could he hear the sound of the coming mail train while he was in the car with the engine running and the windscreen closed. Decide the case giving your reasons. 30

(a) “It is possible to support an action for nuisance as well as of negligence on the same set of facts, however, there are certain points of distinction between the two.” Discuss 20
(b) The accused (appellant) was separated from his wife. She was living with her father. The accused was keeping their youngest child with someone else. During the noon of a day, his wife took away the child from that someone. The accused, on hearing this, reached his father-in-law’s place and quarreled. Later in the evening of the same day, the accused stabbed his father-in-law and he died. Discuss in the light of legal provisions whether the accused would have any lawful defence in this case. 20
(c) The plaintiff was insured with the defendant against loss by theft. The plaintiff advertised a watch and a ring for sale and in response, he received a telephone call from someone who expressed interest. He called, agreed to pay the asked price and made payment by a building society cheque and took delivery of the times. The cheque was dishonoured. For the articles so last, a claim was presented to the insurer under the theft policy. The insurer refused to pay anything. Explain the rights, if any, available to the plaintiff under the circumstances.

(a) “There may be an element of abetment in a conspiracy but conspiracy is something more than an abetment.” Discuss with illustrations. 20
(b) The accused, one of the two joint owners of a shop, put her lock on the shop which was let out by another joint owner without the consent. The tenant charged the accused with the offence of wrongful restraint in that he was prevented by the lock from entering into the shop. Discuss in the light of legal provisions whether the accused has committed the offence of wrongful restraint. 20.
(c) A contractor was given comment for construction work by the Minor Irrigation Department of a Stake Government under a specific agreement that he would return unused cement but instead of doing so, he sold the cement to outsiders. Mentioning relevant legal provision, discuss what offence, it any, is committed by the contractor. 20

Section B

5. Answer the following. (Answer to each part must not exceed 150 words.) Support your answer with legal provisions and decided cases. 12 × 5 = 60

(a) “Undue influence is said to be a subtle species of fraud whereby mastery is obtained over the mind of the victim by insidious approaches and seductive artifices.” Explain.
(b) “Quasi-contract consists of the contractual obligation which is entered upon not because the parties have consented to it, but because law does not allow a person to have unjustified benefit at the cost of other party.” Explain the real basis of quasi-contracts with legal provisions and illustrations.
(c) Explain with illustration when may a principal unilaterally cancel and agency relation without incurring liability for breach of contract.
(d) Discuss the law regarding dishonour of cheque for insufficiency, etc., of funds in the account.
(e) What are the advantages and disadvantages of Alternative Dispute Resolution System?

(a) “An irrational distrust of all standard form contract would be as dangerous as a facile acceptance and enforcement of these contracts.” Discuss. 30
(b) Briefly explain the meaning, scope and applicability of the doctrine of frustration under the law of contract. 30

(a) Under what circumstance ‘breach of condition’ may be treaded as ‘breach of warranty’ under the Sale of Goods Act? Discuss. 30
(b) “Public interest litigation s not in the nature of adversary litigation but it is a challenge and its officers to make basic human rights meaningful to the deprived and vulnerable sections of community to assure them social and economic justice which is the signature tune of our Constitution.” Discuss 30

(a) “During high publicity court cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means that regardless of the result of the trial the accused will not be able to live the rest of his life without intense public scrutiny.” How would you reconcile the ‘freedom of the press’ and the “individual’s right to privacy and right to a fair trial”? Do you think that trial by media amounts to “contempt of court” and needs to be punished? 20
(b) A television was displayed on a Web site owned by XYZ Distributors for sale at a price of Rs. 79.99. Hundreds of customers ordered the television but the retailer refused to fill the orders on the ground that they had been incorrectly priced by mistake. The correct price was Rs. 7,999. Explain the liability, if any, arising out of the above-mentioned communications. Give reasons. 20
(c) In a correct between A and B, security deposit was taken by A from B to ensure due performance of the contract. B committed default in performance though no actual loss had arisen. A forfeited the deposit for fault of B. B claimed that forfeiture of deposit is not valid in law. How would you decide? Give reasons. 20

2013

Paper I

Section A

1. Answer the following (each answer should be in about 150 words):–10 × 5 = 50

(a) Has judiciary been a hindrance or a facilitator in the interpretation of Directive Principles? Examine in the light of various judgments of the Supreme Court? 10
(b) “Fundamental duties are only ethical or moral duties and should not form a part of the fundamental law.” Comment 10
(c) Is ‘Commercial advertisement’ covered within the ambit of ‘freedom of speech and expression’? Discuss with reference to leading cases. 10
(d) Critically examine the constitutional validity of an amendment deleting Article 16(4) and authorizing the State to make job reservation in favour of the backward classes of citizens. 10
(e) Doctrine of equality under the Constitution cannot be applied to legitimize an illegal act. Can equality be invoked to justify another wrong? Critically examine with reference to cases. 10

(a) Do you agree with the view that “equality is antithesis of arbitrariness. In fact equality and arbitrariness are sworn enemies”? 25
(b) “The Constitution of Indian merely subscribes to three-fold division of gubernatiorial functions and not to the doctrine of separation of powers in its absolute rigidity.” Comment. 25

(a) The goals specified in the Preamble contain basic structure of our Constitution, which cannot be amended under Article 368. Elaborate in context of leading cases. 25
(b) What restrictions have been imposed by the Constitutional Amendment (44th) to check misuse of proclamation of emergency? Discuss 25

4. Write critical notes on the following: 50

(a) Residuary Powers. 15
(b) Whether law relating to preventive detention can be challenged for violation of Article 19? 15
(c) Introduction of Uniform Civil Code. 20

Section - B

(a) “Due to increasing penetration of international legal rules within the domestic systems, the distinction maintained between two autonomous zone of international and municipal law has been somewhat blurred.”
Explain with special reference to Indian practice. How international legal rules emanating from customs and treaties, influence the actions of domestic agencies? 10
(b) While conclusion a multilateral treaty, a State can make reservation(s) and the other State(s) may accept or reject such reservation(s) without jeopardizing the object and integrity of the treaty.
Discuss the need and relevance of reservations in treaty law in the light of above statement. 10
(c) Explain the right and duties of coastal state over continental shelf, exclusive economic zone and high seas as defined under the provisions of UN Convention on law of Sea (III), 1982. 10
(d) The Arbitration Commission of European Conference on Yugoslavia emphasized in opinion no. 2 that “it is well established that whatever the circumstances, the right to self-determination must not involve change to existing frontiers at the time of independence (Uti possidetis juris) except where the states concerned agree otherwise.” 10
(e) “State are not under a duty to recognize a nationality acquired by a person who has no genuine link or connection with the naturalizing state.” In the light of above statement, explain the concept of ‘nationality’ and its acquisition with the help of suitable instances. 10

(a) “The substance of customary law must be looked into primarily in actual practice and ‘opinio juris’ of the States.” In the light of above statement and by referring to case law, explain the interplay between objective and subjective elements in acceptance of a particular custom as a source of international law. 25
(b) “States are subject to a duty under International Law to recognize a new State fulfilling the legal requirements of Statehold, but the existence of such a duty is not borne out by the weight of precedents and practices of States. The decision of a State in according or withholding recognition is a matter of vital policy that each State is entitled to take by itself.” Reconcile and argue which of these two statements (extreme views) regarding recognition of a State given by Lauterpacht (obligatory) and by Podesta Costa (Facultative) is more appropriate, with the help of instances in regard to de facto and de jure recognition. 25

(a) The concepts of ‘necessity’ and ‘proportionality’ are the heart of self-defence in International Law. Explain, the light of UN Charter and recent trend of extending these to ‘pre-emptive’ or ‘anticipatory’ self-defence due to ‘the imminence of attacks and advancement in armaments’. 25
(b) A group of three men (L, M and N) citizens of country A, posing as officers of premier investigating agency of A, rob a huge jewelry shop and then flee away to country, B where they are granted asylum. Government of A, requests B to extradite L, M and N in terms of extradition treaty between them. B declines. A sends spies to B who abduct L, M and N and who produce them before the Court in A. ‘B’ approaches ICJ against use of force by ‘A’. Prepare (i) A brief of arguments for A, (ii) A brief of argument for B, (iii) Opinion of the Court. 25

(a) Chapter VI of UN Charter is devoted to peaceful settlement of International Disputes. Discuss the methods mentioned and explain the role of Security Council and General Assembly in this regard, and the role such settlement plays in obviating the need to resort to Chapter VII measures. 25
(b) A member of European Union has witnessed widespread disturbances, consequent upon a military coup, including censorship on all forms of media and communication, targeting civilians sympathetic with the ousted by assaulting and killing, severe rationing and control on essential commodities such as fuel and food resulting into galloping inflation. In the light of these grave violation of human right, examine the role of :
(i) Security Council
(ii) European Court of Human Rights 25

Paper II

Section – A

1. Answer the following (answer to each part must not exceed 125 words). Support your answer with the help of legal provisions and decided cases: 10 × 5 = 50

(a) “The word ‘Voluntary’ as used in the Indian Penal Code is very significant and it does not mean willingly but knowingly or intentionally.” Explain.
(b) “Fake police encounters are nothing but murders and police officers committing it without any protection of law to them deserve death penalty as the cases fall into rarer of the rarest category.” Comment.
(c) “Nuisance as a tort means an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it.” Comment
(d) “Involuntary drunkenness is a defence.” Critically examine the law relating to intoxication as defence.
(e) “The definition given under the Consumer Protection Act, 1986 gives altogether a new legal colour and scope to the term ‘Consumer’.” In the light of this statement, explain the term ‘Consumer’.

(a) X, the producer of a film showing life of ‘homosexuals’, is prosecuted under Section 292 of the Indian Penal Code, alleging that the film was obscene and indecent. The film was certified by the Censor Board of Film of India for public shows.
X intends to claim protection against his charge under Section 79 of the Indian Penal Code. Can he do so? Justify your answer. 25
(b) The natural calamity in Uttrakhand left hundreds dead. Some people were seen removing gold ornaments, watches and other valuables from these dead bodies. Few days later, police apprehended them and wanted to prosecute them. Under which provision of the Indian Penal Code can they be prosecuted? Discuss 25

(a) “Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant.” Comment and distinguish between assault and battery. 20
(b) X sends an e-mail to Y containing defamatory matters against him. The e-mail is received by Y who deletes it after reading. Is X liable for publication? Refer to relevant case law. 15
(c) X, while driving car, suddenly became unconscious and fell back in his seat. The car became uncontrolled, it hit and killed Y. discuss the liability of X. 15

(a) “Plea bargaining, which was considered unconstitutional, illegal and tending to encourage complaint, collusion and pollution of the pure punt of justice, is now a part of sentencing under the Indian Criminal Law.” Comment 25
(b) Q refused to marry her boyfriend P, resulting into P’s depression. Mr. R, a friend of P, suggested him to take revenge with an intention that P will come out of shock. R provided with a bottle of liquid believing it as acid. P mistook X to be Q in darkens and threw it on her (X) causing rashes on the face of X, which later resulted into serious injuries. The investigations revealed that it was not acid but was a concentrate of fungicide. Decide the liability of P and R in the case, keeping in mind that defence which may be available to P and R. 25

Section B

5. Answer the following (answer to teach part must not exceed 125 words). Support your answer with legal provisions and decided cases: 10 × 5 = 50

(a) “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
(b) “Privity of contract is no longer a rule but only an exception.” Explain in the context of modern transactions.
(c) “The copyright exists in expression but not in idea.” Discuss with the helf of the provisions of Copyright Act and case law.
(d) “The principle of ‘holding out’ is based on the principle of estoppels.” Elucidate.
(e) “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

(a) “It has been a common statement of the law that while relief is available for certain kinds of mutual mistake, it is unavailable for unilateral mistake unless the other party knew or had reason to know of the mistake.” Critically examine the statement with leading case law. 25
(b) Critically analyse the term ‘inventive steps’ as incorporated under the Patent (Amendment) Act, 2005. Do you agree with the present definition? Refer to recent case law. 25

(a) “An attempt by all political parties to bring amendments to the RTI Act, 2005 is to sabotage the steps towards transparency of governance in this country.” Critically evaluate the statement. 25
(b) In matters such as enforcement of social, economic, cultural or political rights or civil liberties or gender concerns, courts in India have been inclined to apply relaxed rules of standing or litigational competence rather than strict rules of locus. Discuss. 25

(a) 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. 25
(b) Corporate causing havoc to the wildlife existing on seashores is an extreme type of environmental crime and laws are almost non-existent to deal with them directly. Discuss. 25

2014

Paper – I

Section – A

1. Answer the following (each answer should be in about 150 words):

(a) What do you think the form/nature of our Constitution – Federal, Unitary or Quasi-federal? The Members of the Drafting Committee call it federal, but many others would this title. Critically examine the statement. 10
(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
(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 a low void if it is inconsistent with a Fundamental Rights. Discuss. 10
(d) Explain the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court as expounded by it. 10

(a) The concept of ‘Reasonable Opportunity’ being a constitutional limitation on the doctrine of ‘Tenure Pleasure’, Parliament of 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.
(c) Define the term ‘public servant’. Also discuss the recruitment procedure of public servants in India. 15

(a) Examine the 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 basic of occupation-cum-income without any reference to caste. There is not constitutional bar in the State categorizing the backward classes as ‘backward’ and ‘more backward’. Do you agree with the statement? Give reasons. 15
(c) What is ‘Public Interest Litigation’? What are the major facets of this form of ligation? Also discuss the limitations of this type of litigation. 15

(a) Define the 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 recognized by the Constitution of India”. Discuss with reference to statutory provisions and case laws. 15
(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

Section B

5. Answer the following (each answer should be in about 150 words):

(a) It is impossible to fix a precise data 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
(b) International Law set 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
(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 Status or organization 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
(e) What do you understand by the concept ‘Diplomacy Immunity’? What rules are provided under International Law in this respect? Discuss. 10

(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. 15
(b) ‘In several respect the TRIPS Agreement goes beyond the traditional GATT approach and further develops the ‘law of International Trade’. Examine the important achievement of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). 15
(c) What is ‘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 resources in any area of the high seas adjacent to its territorial sea’? Elucidate. 15

(a) What are the objectives, structure and functioning of World Trade Organization? 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
(c) Define intervention and mention the grounds under which it is justified. Also throw light on the violations of this principle of International Law. 15

(a) 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
(b) What is the importance and meaning of ‘Base Line’ under UN convention of Law of Sea 1982? How is it determined? 15

Paper II

Section – A

1. 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 stage 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 the definition and ad other feature s to make it comprehensive. 10
(e) “Prevention of Corruption Act, 1988 is an important legislation to safeguard democracy in India.” Discuss. 10

(a) What are the constituent elements of crime? Elaborately discuss mens rea with relevant case law. 20
(b) ‘A’ assaulted his wife kicking her repeatedly on non-vital parts or her body. She felt 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

(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 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

(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 forces 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 a 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 plead 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

5. 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 endeavor 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 to 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 willful wrong.” Explain giving reasons. 10

(a) X and Co. in its prospectus represented that A, B and C would be the direction 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 directions. Is the allotment of P and Q subject to their choice or it stands cancelled due to change in directions? Discuss. 10
(b) A, stands as surety for the good conduct of B, who is employed in a Bank on a monthly salary of Rs. 1600. Three months after the financial position of the bank deteriorated B, agreed to accept a monthly salary of Rs. 1500. Two months after, it is discovered that B has been misappropriating cast all through. What is the liability of A as surety under the Indian Law? 20
(c) Judiciary in India is impartial, hence cannot be influenced by internal or external factors. In the light of this discus how far media transgresses its limit and attempts to influence the judicial process. 20

(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 relegating 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

(a) “Right not to complete” is aright 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 organized transborder criminal act, hence a combined domestic law supported by a Global law may help to address the problem. Discuss. 20

2015

Paper 1:

SECTION ‘A’

Q1: Answer the following (each answer should be in about 150 words):

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
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
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
Explain the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court as expounded by it. 10
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)

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.
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
Define the term ‘public servant’. Also discuss the recruitment procedure of public servants in India. 15

Q3: Answer following Questions (20 + 15 + 15 marks)

Examine and elucidate the constitutional scope of the Ordinance making power of the President and the Governors in India.20
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
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)

Define and distinguish between ‘Constituent power’, ‘Amending power’ and ‘Legislative power’. Give illustrations.20
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
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) :

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
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
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
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
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)

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
`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
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)

What are the objectives, structure and functioning of World Trade Organisation? Does signing and ratifying WTO undermine the Parliamentary Autonomy of India? Discuss.20
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
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)

“Asylum stops as it were when extradition begins”. Comment. Also explain the various principles of extradition with reference to leading cases.20
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
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

What is meant by right of private defence? What are the general principles which form the basis of right of private defence?10
Discuss various stages of crime. How is the stage of attempt punishable under the Indian Penal Code?10
“The maxim is `volenti non fit injuria’ and not `scienti non fit injuria’.” Explain. 10
“A tort is a specie of civil wrong.” Examine this definition and add other features to make it comprehensive.10
“Prevention of Corruption Act, 1988 is an important legislation to safeguard democracy in India.” Discuss.10

Q2: Answer following Questions (20 + 15 + 15 marks)

What are the constituent elements of crime? Elaborately discuss mens rea with relevant case law.20
`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
“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)

“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
“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
“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)

“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
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
“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

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
“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
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
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
“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)

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
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
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)

“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
The doctrine of “Public Trust” as propounded by Supreme Court has worked as an instrument for protection of Environment in India. Discuss.15
Explain the scope of rule of “Caveat Emptor” in the expanding law of consumer protection.15

Q8: Answer following Questions (20 + 15 + 15 marks)

“Right not to compete” is a right meant for promoting business through small groups called firms. Explain.20
“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
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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