IAS Mains Law Papers 1995

IAS Mains Law Science 1995

Paper I

Section A

  1. Answer any three of the following (each answer should be in about 200 words):

    1. Constitution of India is neither purely federal nor purely unitary but is a combination of both. Discuss.

    2. A quasi-judicial authority cannot make any decision adverse to any party without giving him an effective opportunity of meeting any relevant allegations against him. Examine.

    3. Right to life includes the right to commit suicide Examine.

    4. The doctrine of basic structure has established judicial supremacy in the area of constitutional amendment. Examine.

  2. Answer the following questions

    1. Critically examine the widening dimensions of the concept the State in Article 12 of the Constitution of India.

    2. Discuss the characteristics of secularism and examine how far the Indian Constitution is secular.

  3. Answer the following questions

    1. The Central Executive … Exercises not only executive functions but also, in a limited way, judicial and legislative functions, Comment on the various powers of the Executive at the Centre.

    2. Do you agree with the view what it is not possible to define limitations on the exercise of discretionary jurisdiction vested in the Supreme Court by Article 136? Give reasons for your answer.

  4. Answer any two of the following:

    1. Da judge of a High Court was transferred by the Presidential order to another High Court. D challenges the transfer on the ground that the order was issued without his consent and without the concurrence of the Chief Justices of the two State High Courts concerned and of the Chief Justice of India. Examine the legal issues involved.

    2. Consequent on a dispute between two rival groups, the police arrested A the leader of the group and lodged him in sub-jail. A warned the authorities that the other group may attack him in jail. But the authorities did not take any precautionary measures. At night the rival group attacked and killed A in jail. The heirs of A filed writ petition before the High Court asking for compensation for the violation of the right to life of A The State pleads sovereign immunity. Decide.

    3. Doordarshan invited X, a lady journalist for an interview to be telecast subsequently. The theme of the interview was Laws relating to women. In the course of the interview X referred to a bill on womens rights pending in Parliament and criticized that some of its provisions are unjustified and unconstitutional. This portion of the interview was arbitrarily deleted when the interview was telecast. X wants to challenge with deletion, Discuss the questions involved.

Section B

  1. Answer any three of the following (each answer should be in about 200 words):

    1. International law is the name for the body of customary and treaty rules which are considered legally binding by States in their intercourse with each other. Discuss.

    2. Occupation can be effected only through taking possession of, and establishing an administration over, territory in the name of, and for, acquiring State. Explain and distinguish occupation from annexation.

    3. A system of international environmental law has emerged, rather than simply more international rules about the environment. To what extent does this observation reflect the results of the Rio Conference?

    4. One of the most controversial provisions in the Vienna Convention on the Law of Treaties 1969 is in respect of jus cogens. Discuss.

  2. Answer the following questions

    1. Discuss various theories as to the relationship between International law and Municipal law and explain the practices followed by the United State, Britain and India for adopting international law into their own legal systems.

    2. Although the primary responsibility for the maintenance of peace and security belongs to the

    Security Council, the General Assembly is given in this connection certain facultative or permissive powers of consideration and recommendation, Highlight the developments that equipped the General Assembly with a leading role on the guestion of international peace and security.

  3. Answer any two of the following:

    1. Ten aircraft that belonged to the monarchical government of pre-revolutionary Russia were lying in the British airfield even after they were sold to an American company. The Communist Government that came to power in Russia after the revolution and was recognised de jure by Britain made a claim for the ownership of the aircraft, Discuss whether the previous transaction of sale if binding on the new government.

    2. K, a foreign sovereign, assuming a false name enters into a contract of marriage in England with a woman Q. Later K makes a breach of contract. In a suit by Q. K pleads that he being a sovereign is entitled to immunity. Discuss the legal questions and decide.

    3. X and Y were British subjects who entered in the service of the Chinese Government while they were on board a Chinese warship anchored in the territorial waters of Hong Kong, X killed Y, X is prosecuted for murder before the British local court of Hong Kong. X challenges the jurisdiction of the court to try him. Decide.

  4. Write short notes on any three of the following:

    1. Servitude

    2. Transit passege

    3. Calvo doctrine

    4. India and Nuclear Non-Proliferation Treaty

Paper II

Section A

  1. Answer any three of the following (each answer should be in about 200 words):

    1. Under the Indian Penal Code an act which is done by one against his will is not his act. Examine.

    2. An abetment of an offence being complete offence by itself, an attempt of abetment of an offence is also an offence. Examine.

    3. Under the toil of nuisance a person cannot increase the liabilities of his neighbour by applhing his own property to special uses, whether for business or pleasure Examine.

    4. Law of tort is based upon a fundamental general principle that it is wrongful to cause harm to other persons in the absence of some specific ground of justification or excuse. Examine.

  2. Answer the following questions

    1. To hold an accused guilty of murder under Clause (3) of Section 300 of the Indian Penal Code the prosecution must prove that there was an intention to inflict that particular injury; that is to say that the injury was not accidental or unintentional or that some other kind of injury was intended, and that particularly injury was sufficient in the ordinary course of nature to cause death. Examine.

    2. A, in association with B, relieved C of his watch in a running train, and when A and B tried to get down from the train C raised an alarm where upon B slapped him. Discuss the liability of A and B.

  3. Answer the following questions

    1. The purpose of a combination and the means employed to achieve that purpose are the two most important considerations in the tort of conspiracy. Examine.

    2. Study very carefully the following two situations

    Situation A: The defendant, a deeply religious man and owner of a house in the heart of a city, set it apart free of rent for those who wished to use the same for religious purposes. As a result the house remained occupied most of the time. The music played through the loudspeakers during religious ceremonies caused constant noise and inconvenience to the neighbours.

    Situation B: The defendant established a flour mill in a residential area in the heart of a city adjacent to the plaintiffs house. Continuous running of the mill for long hours everyday caused unpleasant noise as well as continuous vibrations in the house of the plaintiff.

    Compare the tortious liability of the defendants in the above mentioned situations. Give reasons and Cite case-law.

  4. Answer the following questions

    1. Discuss the concept of dowry as stated under the Dowry Prohibition Act, 1961 Also suggest necessary changes which are needed in your opinion to be made in the definition of dowry.

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

Section B

  1. Answer any three of the following (each answer should be in about 200 words):

    1. A contract shall not be enforced if the agreement is opposed to public policy. Examine.

    2. An agency coupled with interest cannot, in the absence of an express contract, be terminated. Examine.

    3. Any change in the relations of the partners will result in the reconstitution of the firm, Examine.

    4. Examine the concepts of consumer and consumer dispute under the Consumer Protection

    Act, 1986.

  2. Answer the following questions

    1. With the help of decided cases discuss in detail the market rate theory of assessment of damages in cases of breach of contract.

    2. The plaintiff booked a hotel for his sons wedding reception in which two hundred guests were invited. The contract included provision for a dinner in a big ball by the hotel management who would also provide a band to play music. The hotel management cancelled the contract just a day before the wedding. As a result the plaintiff was forced to organise only a simple function at a small place with a simple dinner. The plaintiff sues the hotel management and claims general damages for Inconvenience and mental torture and special damages for cancellation of the band music and telephone expenses to inform the guests about the change of venue. Decide.

  3. Answer the following questions

    1. Explain the effect of mistake of fact on agreements with illustrations and decided cases.

    2. What is the nature of an unfair trade practice under the Monopolies and Restrictive Trade

    Practices Act, 1969? How does the Act protect a consumer?

  4. Answer the following questions

    1. Examine the correctness of the following statements:

      1. In the absence of express agreement the seller of goods is bound to answer for his title.

      2. A person cannot make a contract to purchase his own goods.

    2. A draws a cheque payable to bearer and hands it over to B. B crosses it and endorses it in favour of C and delivers it to hi in D steals the cheque from C and presents it for payment before the bank which makes the payment over the counter. C sties the bank. Decide.