Exam Details

Subject law
Paper paper 2
Exam / Course civil services main optional
Department
Organization union public service commission
Position
Exam Date 2001
City, State central government,


Question Paper

IAS Mains Law Science 2001
Paper II
Section A

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

Nothing is an offence which is done by a person who is bound by law to do it. Discuss.

Mere medical insanity is not a valid defence under the Indian Penal Code but legal insanity is. Discuss.

Whenever there is a breach of duty there is a cause of action in tort Discuss.

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.

Answer the following questions

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.

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 As liability.

Answer the following questions

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.

The defendant establishes a flour mill in the heart of a city adjacent to the plaintiffs house in a residential area. Running of the mill causes vibrations to the house and unpleasant noise.

The plaintiff sues 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.

Answer the following questions

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.

Explain the meaning of consumer and service under the Consumer Protection Act, 1986.

Section B

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

The test of contractual intention is objective, not subjective. Discuss.

An act done at the promisors desire furnishes a good consideration for his promise even though it is of no significance or personal benefit to him. Discuss.

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.

Once a bearer instrument is always a bearer instrument. Discuss.

Answer the following questions

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.

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.

Answer the following questions

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

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.

Answer the following questions

Discuss the circumstances in which a bill of exchange is said to be dishonoured. What are the consequences of such dishonour?

Define and explain international commercial agreement and arbitration agreement under the Arbitration and Conciliation Act, 1996.


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