Exam Details
| Subject | law | |
| Paper | paper 2 | |
| Exam / Course | civil services main optional | |
| Department | ||
| Organization | union public service commission | |
| Position | ||
| Exam Date | 2003 | |
| City, State | central government, |
Question Paper
IAS Mains Law Science 2003
Paper II
Section A
Answer any three of the following (each answer should be in about 200 words): (20 × 3 60)
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.
An act which is done by one against his will is not his act. Discuss.
It is the task of the law of tort to determine when the law will and will not grant redress for damage suffered. Discuss.
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 defendants negligence. Discuss.
Answer the following questions
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 .
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 .
Answer the following questions
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 .
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 unjuries to the plaintiff. The plaintiff sues the car owner in tort. Decide .
Answer the following questions
In murder cases sentence of imprisonment for life is the rule and death sentence an exception. Discuss .
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
Answer any THREE of the following (answer to each question must not exceed 200 words): (20 × 3 60)
Jurisdiction of a court to decide disputes arising out of contractual relations cannot be ousted by an agreement between the parties. Discuss.
A deceit which does not deceive is no fraud. Discuss.
A cheque marked not negotiable is nevertheless nogotiable. Discuss.
The right of stoppage of goods in transit is the rule of natural justice and is recongnised in sale of goods. Discuss
Answer the following questions
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 .
A makes an offer to purchase goods in possession to 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 contracrt. 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
Answer the following questions
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 .
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
Answer the following questions
What is meant by Reconstitution of a firm? In what circumstances can a partnership firm be constituted? Refer to the relevant statutory provisions and the decided cases in your answer .
How is an Arbitral Tribunal constituted? On what grounds and under what procedure can an approximate of an arbitrator be challenged
Paper II
Section A
Answer any three of the following (each answer should be in about 200 words): (20 × 3 60)
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.
An act which is done by one against his will is not his act. Discuss.
It is the task of the law of tort to determine when the law will and will not grant redress for damage suffered. Discuss.
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 defendants negligence. Discuss.
Answer the following questions
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 .
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 .
Answer the following questions
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 .
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 unjuries to the plaintiff. The plaintiff sues the car owner in tort. Decide .
Answer the following questions
In murder cases sentence of imprisonment for life is the rule and death sentence an exception. Discuss .
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
Answer any THREE of the following (answer to each question must not exceed 200 words): (20 × 3 60)
Jurisdiction of a court to decide disputes arising out of contractual relations cannot be ousted by an agreement between the parties. Discuss.
A deceit which does not deceive is no fraud. Discuss.
A cheque marked not negotiable is nevertheless nogotiable. Discuss.
The right of stoppage of goods in transit is the rule of natural justice and is recongnised in sale of goods. Discuss
Answer the following questions
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 .
A makes an offer to purchase goods in possession to 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 contracrt. 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
Answer the following questions
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 .
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
Answer the following questions
What is meant by Reconstitution of a firm? In what circumstances can a partnership firm be constituted? Refer to the relevant statutory provisions and the decided cases in your answer .
How is an Arbitral Tribunal constituted? On what grounds and under what procedure can an approximate of an arbitrator be challenged
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