2008

LAW
Paper 1

'tilde: 3 Hours Jf Maximum Afurks 300
INSTRUCTIONS
Each question is printed both in English and in Kannada.
Answers must be written in the medium specified (English or Kannada) ill the AdTlussion Tichet issued to you, lDlri"')l must be stated clear!:y on the covcr of the answer booh in i " provided for thlS purpose. In case ofany doubt in the KalUwda text, please refer to English text.
This paper has four parts:
A 20 marks
B 100 marks
C 90 marks
D 90 marks

Marks allotted to each question are indicated in each
All questions In Part Part 13 and Part C arc compulsory. Answer any three questwns in Part D.

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11/1 I
FAHTA 111l8Wer each question in about 50 wards. Each que:,'fioll carnes 5 rnarhs.
1. Indlcate the tests for valid classification.
Mention the distinctive feDtures of a Federal Constitution.
Explain the monistic thf·ory under Lnw.
State the n:::.ture of International Lav.

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11/1 (4
PARTE IJIJ
Answer each question in about 100 words. Each questioll 10 markS'.
2.
Discuss briefly tl1E' principles cf parliamentary form of Government.

3.
Discuss the three types of amendments provid('d und(eI' the Indi"n Constitution.

4.
Discuss the jurisdictions of the High Court the Indian Constitution.

5.
Explain briefly the Fundamental Hights avuila to tlw detenuc.

6.
Vrite a note on principles of natural justice.

7.
"What is 'state succession' Vhat complete succeSSlOIl

8.
is meant b.y 'Statelessness'

9.
Discuss the limitations r,Jaced on territorial jurisdiction.

10.
Explain as a source of International Law.

11.
\That is meant by intervention? State the important elements of tIl£' definition


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PARTe l,x15=90
Answer each 15 marks. question Lrl about 150 words. Each question carnes

12. Discuss the concept of Gender Justice under the Indian Constitution in the context of Articles 14, 15 and 16.
Note-4 of Goa Educational Dept. Services (Collegiate Education Dept.) Recruitment Rules 2008 provided for appointment of a woman as Principal of women colleges established by the Government. Mr. a seniormost member of the faculty challenges the constitutional validity of establishment of separate women's college and appointment of Miss as the Principal of that college, on the grounds that these provisions are inconsistent with Articles 14, and 16(2). Decide.
13. Explain the scope and content of Fundamental Rights of Minority Educational Institutions under Article 300) of the Constitution.
In n college established by a religious minority, the appropriate Government issued an order to reserve 80% of seats for Government nominees, failing which recognition of the college be withdrawn and grant-in-aid will be stopped. Discuss the constitutionality of the above order.
14.
Discuss the constitutional safeguards available to civil servants in case of dismissal, removal and reduction in rank. Are there any exceptions?

(bJ A, a member of Kolkata Police Force, whose appointing authority is Commissioner of Police, was dismissed by the order passed by the Deputy Commissioner of Police, under whom he was working. Declde the constitutionality of the action, if any.

15.
Explain the purpose of extradition.


X, an Indian software engineer, serving in U,S.A., killed his wife in
U.S.A. and escaped to India. American Government requests the Indian Government to extradite X for standing trial in U.S. courts. Can the Indian Government extradite its own national

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16. What is meant by State responsibility State the consequenc;cs arising out of State responsibility.
X, from State has hijacked an aircraft of State B and set fire to It. Can any responsibility be fixed on State A If yes, has State A any relief against X
17. Explain the law relating to outer space.
India desires to conduct exploration and use of outer space on Moon. Is there any law which allows this Are there any limitations on such use or exploration
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11/1 I 101
PARTD 3x30=90
Answer any three of the following questions, each in about 300 words. Each question carries 30 marks.
18.
Discuss the nature of the Indian Constitution.

19.
Discuss the scope of Right to Freedom of Press under the Indian Constitution.

20.
Explain the doctrines invoked by the Supreme Court of India to resolve legislative conflicts between Centre and State.

21.
Discuss the various peaceful means for the settlement of disputes available under International Law.

22.
What is nationality? How is it acquired and how is it lost?


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200f:
LAW
Paper 2
Hours] Alaxullum

INSTRUCTIONS
Each question is printed both in English and in Kannada.
AnSUH'rs must be written in the lnedium specified (Enf{lish or Kannada) tn the Admission Ticke t issued to you, which must he stded clearly on the cover of t.he answer in the space provided for this purpose. In case ofany doubt in the Kannada text, please refer to Englrsh text.
This papPI' has four parts:
A 20 marks
n 100 marks
C 90 marks
D 90 marks

Marks allutted to each question Grc indicated in each part.
All questions in Part Part B and Part C are compulsory. Answer any three questions in Part D.

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PART A


Answer each quc.':tinn in about 60 u1ords. Each quc,,;tion curries fj nUITks.
1. \Then don; public nuis:-i.l1cc turn into private nuisance
Vhat. 8X0 the essentials of a valid contract?
Stott' vc.rious llloJes of Abetment.
Vhai do you menn by endorsenwnt VI/hat arc its



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11/2 41
PARTE
AIIf:wer each qUCPtiOh in ahout 110 Each qilcstion CUlT/e8 10 marks.
2.
intendt·ct to steal an umbrella from a club of which he was a He opened the closet and took away an umbrella. Later, it turned Ollt tkl.t t.i.le umbrella was his own which he had lost a week earlier. D1Ecuss B has committed fin:v offence.

3.
A woman dies in a collision of Motor Cycle and Bus, within seven years of .icr marriage, when she was pillion riding the motorcycle of her husband H. It is on record that V was 'feeling' harassed because of the bdlaviour of her mother-in-lmv HM towards her. V attributed the behaviour of EM to the poor status of Vl's father. It is also on record thnt H was ffl.sh and negligent in driving when the aecident occurred. State whether H would be charged undpr Section 304 A or 304 B or both. Would H be deemed guilty and called uron to prove his innocence?

4.
Y prevented Z from entering a temple on the ground of "untouchability". Is Y liable under the Protection of Civil Rights Act, 1955

5.
took advice from a lawyer and then instituted prosecution against had not informed his lawyer about all the facts. The prosecution ended in favour of Can now sue for malicious prosecution?

6.
List the offences against Human Body under IPe grading them [rom lesser offence to higher offence, stating their basis.

7.
a minor, sold a shop to B. The consideration was paid to A but the sale deed could not be registered as A was a minor. B brought a suit for the recovery of the amount of consideration. Will B succeed? Decide.


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8.
P and G were partners in a business of renting and repairing cars. G was a sleeping partner. A clause in the partnership deed prohibited partners from buying and selling cars on behalf of the firm. the working partner, sold a car to which the firm had no title and received Rs. 47,000. When the buyer found that the seller had no title to sell, he claimed money from P and G both. P has in the meantime turned broke. Is G liable? Give reasons for your answer.

9.
A lady engaged a dentist to make two sets of artificial teeth to be fitted into her mouth. Before the work could be completed the lady died. Is this a contract of sale? Can the doctor succeed in an action to recover the charges from the successors? Decide giving reasons.

10.
Distinguish between a material alteration and forgery In a negotiable instrument.

11.
A supplies a lunatic, with necessaries suitable to condition in life. Is A entitled to be reimbursed? Is B personally liable to reimburse A


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PARTe 6x15=90
Answer each question Ln about 160 words. Each question carnes 15 marks.
12.
An accused had succeeded in getting a decree of restitution of conjugal rights in his favour, hut his wife was living separately and refused to rejoin him. He, thereupon. went to the place of the wife and there he had sex with his wife without her consent. The wife wants her husband to be prosecuted for the offence of rape and seeks your legal advice. What advice will you give her?

13.
What is 'Absolute Liability' under law of torts? Are there any exceptions to it What are the factors which define measure of compensation in case of such liability?

14.
Explain 'adulterated' and 'misbranded' food under the Prevention of Food Adulteration Act, 1954 and differentiate between the two.

15.
State the circumstances in which an agreement without consideration IS valid.

16.
What does "Unfair trade practices" mean under the Consumer Protection Act, 1986 Briefly explain any three such practices enumerated under the Act.

17.
What is meant by "Implied authority" of an agent?




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PARTD
Aru,wer th.ree of [i.)flowing quer,·tions, each in al)out 320 words. Each question carries 30 maries.
18. Bring Qut the difference between joint liability us laid down in Section and Section 149 of the lPC. common intention the same thing as similar intention?
Eight people assembled togetlwr and went to kill Two of tllf' members chased but X rnIl into hib house. Thereafter out of frustration, these two perf,ons gunned down the daughter of who was playing outside the house. Vould all eight members of the flFsembly be held liablp for killing the girl
19. What is Gcfr.matiun art' Uw estiCnt;db of defamation? Vhat arl' the defenses to dcfamoticHl Elul:idatc the in the Law of Crimes and Torts in thi8 regard.
X in good faith published a false statement th..-:t Y had given birth to In fact Y wa.s married only tV0 ffiiJn'-bs back. Can X be held lhblf' for defamation
20. \-11at is meant by frustration of contract? Explain with the help of relevant case law.
having place of business at Delhi offered to having bUS111('88 at Bang:::lore to sell 30 computE'r hard disks at the rate of Us. 4000/4 each. B informed his ncceptanee bye-mail at the Internet address of A OOl:atcd at Delhi). A checks his mail server at Ddhi and reads the and comes to know of the acceptance of his offer by B.

State the place where the acceptonce took place. Vould it make any difference if A checks his mail while he was at Kolkata and comes to know of the aCl:cptance by B at Kolkata


In the above problem, if B communicated al:l:cptance on landline phone, state the place where the acceptance of the offer took place. Vould it make aoy difference in your answer as to the place of acceptance, if B made the telephone call to mobile phone and acceptance of offer to mobile phone was received when A was roaming at Kolkata



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11/2 I12I

orders his supplier'S' located at Cuttack io despat:::h gO(Jcls to Bangalore for his buyer by Rtlil and instructs that in the RailVi-""y Rer.:eipt should "hown as consignee. endorses the R3.ilv. ny Receipt in which he is the consignee, in favour of ­"To the order 01 BankcfH ,jf B" and sends the same to fis togother with the l>lll of exchange drawn by on
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l.l) \Tho is the o",ner of after'S' dispatched consignee in the Rnilwny Receipt under Act, 1930 a.s bdv.'een S and A the goods showlnr; the Shlc of Good",
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and Vhen delivered tel the gocds would be dee med to been

Vhet1lCT there it.; vest.ed m a right of disposal of goods after the dispatch of documents tu the Irs Bankers? If yes, when would thi;.; right of disposal terminate?
If does not honour the bill of eXclll:lDg·C, who shall be owner of uftcr such dishonour of the bill of exchange by
22. what circumstances may a partnership firm be dissolved by the intervention of the court?
A partner of a firm of bankers cOIr'mittcd adultery with several women in the city where banking busmess was carried on. His wife had also lefl. him. Other partners applied for dissolution of partnership on this ground. Can the court dissolve the firm on this ground?
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