C S MAINS 2015 LAW Paper—II



Q. 1 Answer the following in about 150 words each. Support your answer with legal provisions
and judicial pronouncements 10x5=50

Q. “The enforcement of any disability arising out of ‘Untouchability’ shall be an offence
punishable in accordance with law.” Comment in the light of protection of Civil Rights.

Q. “The criminal justice is administered in India by punishing the wrongdoer and the object
of punishment is viewed differently by different criminologists.” Elucidate.

Q. “Liability of joint tort feasors in Law of Tort is Joint and Several.” Discuss.

Q. “To constitute the offence of criminal conspiracy there must be an agreement to do, or
cause to be done, an illegal act, or an act which is not illegal by illegal means.” Critically
examine.

Q. Explain with the help of decided cases as to when Culpable Homicide under Section
299(3) will become Murder under Section 300(4) of Indian Penal Code.

Q. “No communication made in good faith is an offence by reason of any harm to the person
to whom it is made, if it is made for the benefit of that person.” Critically examine.

Q. Explain the various circumstances under which a ‘public servant’ is said to commit the
offence of “Criminal misconduct” under ‘The Prevention of Corruption Act, 1988’.

Q. Whether the conduct of depriving someone from possession of property without causing
wrongful gain or wrongful loss amount to theft Comment.

“The Consumer Protection Act, 1986 provides a three tier structure for redressal of
complaints.” Elucidate.

Q. “Public nuisance is a crime whereas private nuisance is a civil wrong.” Explain.

Q. “State liability in Torts has undergone an acute transformation in recent times.” Discuss
in the light of latest judicial pronouncements.

q . Discuss with the help of judicial pronouncements the situations in which plaintiff may
prove apparently non-defamatory statements as defamatory.

Q. Discuss with the help of decided cases where the Court while deciding cases on contributory
negligence keeps in mind the negligence on the part of plaintiff and defendant both.

Q. “Total restraint on the liberty of movement of a person, however short its duration may
be, will amount to false imprisonment.” Discuss with the help of relevant case law.


Q. 5 Answer the following in about 150 words each. Support your answer with relevant
legal provisions and decided cases 10x5=50

Q. a singer, contracts with the manager of a restaurant, to sing at his restaurant for two
nights every week during next two months; and B engages to pay to her rupees
for each night’s performance. On the sixth night, A wilfully absents herself from the
restaurant and in consequence, rescinds the contract. Decide.

Q. “PIL writ petition cannot be filed' in the Supreme Court under Article 32 of Indian
Constitution only if a question concerning the enforcement of ‘Fundamental Rights’ is
involved.” Comment.

Q. “Every agreement by which any party thereto is.restricted absolutely from enforcing his
rights under or in respect of any contract, by the usual legal proceedings in the ordinary
Tribunals, or which limits the time within which he may thus enforce his right is void to
that extent.” Explain the exceptions, if any, of this principle.

Q. Write a note on impact of noise pollution on the health of the people.’

Q. Discuss the various principles of ‘mediation’.

Q. “A hire purchase agreement is a bailment plus an agreement to sell.” Explain.

Q. “A contract by which one party promises to save the other from loss caused to him by
the conduct of the promisor himself or by the conduct of any other person, is called, a
contract of indemnity”. Explain.

Q. Discuss various provisions of Compulsory Licencing under Patents Act, 1970.

Q. “An ‘Arbitration Agreement’ with respect to existing disputes, may or may not be in the
form of an Arbitration clause in the main contract.” Explain.

Q. “The individual deserves to be protected against the possibility of exploitation inherent
in ‘Standard Form of Contract’.” Explain.

Q. Explain the law relating to minor’s agreements.

Q. “In a contract of sale of goods property or ownership in the goods will pass from seller
to the buyer which the parties intend to pass.” Explain the statement with necessary legal
provisions and case law.

Q. Explain clearly what is meant by ‘negotiation and endorsement’. How does negotiation
differ from ordinary assignment

Q. Explain the various circumstances in which a firm may be dissolved. What are the rights
and obligations of partners after dissolution of firm