Exam Details
Subject | law | |
Paper | paper 2 | |
Exam / Course | mcscc | |
Department | ||
Organization | manipur public service commission | |
Position | ||
Exam Date | 2013 | |
City, State | manipur, |
Question Paper
Law
Paper -II
Time allowed: Three hours Maxinlum Marks: 300
Thefigures in the margin indicatefill' mark.s/or tlie questions.
Answer Question Nos. 1 and 5 which are compulsory and three ofremaining questions, selecting at least one from each section.
SECTION-A
1. Answer any Three of the following (answer to each question must not exceed 200 words): 20x3=60
a. Explain the essential elements of "common intention" and distinguish it from "common object" as given in the Indian Penal Code.
b. Write a detailed but critical note on the General Principle and Conditions of liability in torts.
c. Examine the validity of a contract in the following case with the help of decided cases and related provisions:
wrote to offering to purchase his car for a particular price and also added that in the event ofB not replying him would consider the proposal to have been accepted. does not reply.
d Define tort of defamation, discuss its essentials and briefly explain the defences to the tort of defamation.
2. a. "The right of private defence is not available for retaliation but for averting an impending danger not created by him." Discus and also state under what circumstances, a man can go to the extent ofkilling inexercise ofhisrights ofprivatedefence. 30
b. What is meant by ?vlens Real Explain the dictum "Actus NOli Fucit ReI/In Nisi Mens Sit Rea". How far a motive is necessary for determining a crime? Are there any exceptions to the dictum of'Mens Explain fully, refer to decided cases. 30
•
3. a. "The distinction between 'murder' and 'culpable homicide n01/
amounting to murder' is very fine but real." Elucidate. 30
b. "Crime is a revolt against the whole society and an attack on the
civilization ofthe day." Elucidate and discuss the essential elements
ofcrime. 30
4. a.. a land lord and the owner of a shop, is running a Sophisticated
Cosmetic Hair Dressing Saloon. He gives on rent the said shop to
for the said business along with all tools, machinery, air-conditioners,
telephone, furniture and other equipments with a clear stipulation
that sbaH do the said business only and under the said particular
name and style. Examine validity with the bell' ofdecided cases and
relevant provisions. 30
b. Explainjoint and several tortfeasors and state the distinction between
joint, several and independent tortfeasors. 30
SECTION
5. Answer any three of the following (answer to each question must not
exceed 200 words): 20x3=60
a. What are the essential elements of a contract? Explain and also
distinguisb between void and illegal agreements.
b. "Acceptance ofproposal must be absolute and unqualified" Explain.
c. Explain the essentials of the tort of negligence. It is often said that
negligence may be the state of mind of a tortfeasor or a way of
committing tort whicb is essentially different from tbe tort of
negligence." Elucidate.
d. What are the ditIerent stages involved in the commission o1'a crime?
How would you distinguish them
6. Explain any two of the following and also clearly bring out the
distinction between them: 30x2=60
a. Contingent contract and wagering contract.
b. Coercion and undue influence.
c. Implied contract and Quasi contract.
2
7. a. "A stranger to a contract can neither sue nor be sued in contract"
Comment. Refer to decided cases known to you. 30
b. "An agreement without consideration is void." Explain. What are the
exceptions to the above? When is a gratuitous promise enforceable
under law? Discuss. 30
8. a. Write an explanatory note on the salient features of the following in not exceeding j 50 words: 15x2=30
1. Consumer Protection Act, 1986. ll. Arbitration and ConciliationAct, 1996.
b. Discuss fully the remedies, their types and general principles for
award ofthe remedies in a t0l1uous litigation. Referto decided cases known to you. 30
3
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