IAS Mains Law Papers 1999

IAS Mains Law Science 1999

Paper I

Section A

  1. Comment in about 200 words each, on any three of the following

    1. What is prohibited is hostile discrimination, and not reasonable classification?

    2. Parliaments power to amend the Constitution cannot be equated with the power of the Constituent Assembly to frame a Constitution.

    3. Justice should not only be done, but should manifestly and undoubtedly be seem to be done.

    4. Impendence if judiciary being a basic feature of the Constitution appointment of judges should not be influenced by political considerations.

  2. Answer the following questions

    1. What is included within the right to freedom of speech and expression? Are commercial advertisements covered by the protection? Discuss referring to decided cases.

    2. What are the discretionary powers of the President, if any? How much discretion does he have in the appointment of the Prime Minister, dismissal of the Government and dissolution of the Lok Sabha? Discuss.

  3. Answer the following questions

    1. The term procedure established by law in Article 21 of the Constitution has been interpreted by the Supreme Court to entitle an accused person to a right to fair trial. Discuss and referring to decided cases spell out the ingredients of a fair trial.

    2. What is the meaning of failure of constitutional machinery in a State? To what extent is the satisfaction in of the President in this regard subject to review by the courts? Discuss.

  4. Answer the following questions

    1. A law prohibits religious conversions brought about by use of fraud, force, or allurement and makes it a punishable, offence. In a write petition it is alleged that the law is violative of right to propagate religion guaranteed under Article 25 of the Constitution. Decide giving reasons.

    2. The Service Rules of a Statutory Corporation allow the Corporation to terminate the services of a conformed employee by giving three months notice or by paying three months salary in lieu to notice. The validity of the rule is challenged for violation of Articles 14 and 21 of the Constitution. Decide giving reasons.

    3. A minority educational institution, which s completely unaided by the Government, is required by the Education Code framed by the Government to pay to its teachers salary at the prescribed rate. The institution shows its inability and contends that the enforcement of the code amounts to interference with its constitutionally guaranteed right of administration.

    Decide giving reasons.

Section B

  1. Comment in about 200 words each, on any three of the following:

    1. It is too late to deny the legal character of international law, but in the present state of affairs it is tragically ineffective.

    2. Asylum stops, as it were, where extradition on rendition begins.

    3. The formulation of binding general rules of international law for the protection of human rights and fundamental freedoms by adequate machinery for their enforcement still remains more a promise than an achievement.

    4. Rights, privileges, and immunities of diplomatic envoys are primarily based on the need to ensure the efficient performance of the functions of the diplomatic missions, and to a secondary degree that a diplomatic mission personifies the sending State and not on any theory of exterritorialy.

  2. Examine the principal achievement of the United Nations Convention on the Law of Sea of 1982 and their significance for India.

  3. Answer the following questions

    1. How far is war recognised today by the rules of international law as an instrument of national policy? What is the distinction between war and non-war hostilities? Discuss.

    2. What is the basis of obligation of International law? Discuss the respective viewpoints of naturalist and positivist schools.

  4. Answer the following questions

    1. Pakistan has taken loan from certain international loading agencies for its development. Part of the loan was spent on the development of the then East Pakistan which is now the independent State of Bangladesh. After East Pakistan seceded from Pakistan, Pakistan contended that the responsibility for the repayment of that portion of debt which was spent on East Pakistan had devolved on Bangladesh. Bangladesh denied it. Decide giving reasons.

    2. About a decade back the Government of Sri Lanka, as a part of anti-insurgency operations against L. TT. E. Laid siege on a portion of its Jaffna province. The Government of India insisted to drop and did drop food supplies in that area. Was it justified in International Law? What justifications can be proffered on behalf of the Government of India?

    3. On board of Chinese public ship, while is was on high seas, a cabin boy, who was a British national, committed the crime of murder. The Captain of ship ordered the crew to take the ship to the nearby Hong Kong territorial waters. Hong Kong was then a British colony. He took assistance of the Hong Kong authorities and the cabin boy was arrested. There he was tried and in the trial the Chinese authorities fully cooperated. At the end of the trial h was convicted and sentenced to death. In appeal he contended that the trial court did not have jurisdiction. In his view that public ship of China was like a Chinese floating island and therefore, only a Chinese court had the jurisdiction and the Hong Kong court could assume jurisdiction only if China waived its immunity and that in the facts of the case China had not done it. Decide giving reasons.

Paper II

Section A

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

    1. The accused picked up a revolver and believing it to be loaded pulled the trigger with the criminal intention of shooting B dead. Fortunately for B, the revolver was not loaded and he escaped unhurt. What offence, if any, has the accused committed? Is it open to the accused to contend in his defence that when the intended offence was physically impossible of being accomplished on the facts as they turned out to be ultimately, he is entitled to a verdict of acquittal?

    2. A and B are Hindus and are married under the Hindu Marriage Act, 1955. During the subsistence of their marriage A, the husband, embraces Islam and goes through a second marriage ceremony with C, his girl-friend. On the complaint of B, wife of the first marriage, A is prosecuted for the offence of bigamy under Section 494 of the Penal Code. Decide, citing relevant case law.

    3. The accused succeeded in getting a decree of restitution of conjugal rights in his favour, but his wife, who was living separately with her parents, refused to rejoin him. He thereupon went to his in-laws place and there he had sex with his wife without her consent. The wife desires to have her husband criminally prosecuted for the offence of rape and seeks your legal advice. What advice will you give her?

    4. Even if the master cannot actually control the way in which the servant does his work, because the servant is a skilled professional who knows his job and will carry it out in his own way, he master nevertheless remain liable for the negligence of the servant. Comment.

  2. Answer the following questions

    1. In the scheme of the Penal Code, culpable homicide is the All murder is culpable homicide Supreme Court in State of A P vs Punnayva 1977 (SC) Discuss and illustrate.

    2. What are the exceptions to the rule of strict liability? Briefly examine each of them.

  3. Answer the following questions

    1. Statutory right affords no protection if negligence, unreasonable conduct, want of jurisdiction or irregularity is proved. Comment

    2. Distinguish between the following:

      1. Libel and slander

      2. Public nuisance and private nuisance

  4. Answer the following questions

    1. What do you mean by untouchability in the context of Protection of Civil Rights Act, 1955? Discuss, highlighting the salient features of the Act.

    2. Explain the nature, scope and extent of the Liability of the polluter for environmental torts in the light of the Polluter pays principle as developed in recent Supreme Court decisions.

Section B

  1. Answer any three of the following (each answer should not exceed 200 words):

    1. The general rule undoubtedly is that no third person can sue or be sued on a contract to which he is not a party, but at bottom that is only a rule of procedure. It goes to the form of remedy, riot to the underlying right. Critically comment on the principle of privity of contract in the light of the above statement and state whether you agree with the statement.

    2. Answer questions below

      1. No consideration is necessary to create an agency. Explain, giving reasons

      2. A owes B Rs. 1, 000, but the debt is time barred, C signs a written promise to pay B

      Rs. 500 on account of the above barred debt. Is B entitled to enforce the promise against C?

    3. What is the rule of caveat emptor? Explain the exceptions to this rule.

    4. Explain, citing relevant case flow, whether he penal provisions of Section 138 of the

    Negotiable Instruments Act cover a case where a cheque is dishonoured by a bank on the ground that the drawer of the cheque has closed the particular account on which he has dawn the cheque.

  2. Answer the following questions

    1. Critically examine the legal basis, scope and extent of the liability of a principal for the misrepresentations made or frauds committed by his agent. Would it be correct to say that the said liability is art extension of the principle of vicarious liability?

    2. Answer questions below

      1. Examine the obligation under the Indian Contract Act of a person to whom money has been paid by mistake. In this connection is there a distinction required to be drawn between a mistake of fact and mistake of law?

      2. The plaintiff bank paid cash over the counter on a crossed cheque on which the defendant had forged the payees endorsement. Can they claim return of the money by contending that it was paid by mistake?

  3. Answer the following questions

    1. The doctrine of frustration is really an aspect of or part of law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to he done. Elucidate with suitable illustrations.

    2. What tests would you apply to determine whether a person consumer within the meaning of

    Section 2 (d) (i) of the Consumer Protection Act, 1986? What is the scope and effect of the

    Explanation added to the above sub-clause by the Amendment Act of 1993? Explain with the aid of suitable illustrations.

  4. Answer the following questions

    1. Answer questions below

      1. A bankers cheque is a peculiar sort of instrument in many respects resembling a bill of exchange, but in some entirely different. Explain highlighting the distinctive features of these two instruments.

      2. A cheque is drawn payable to B or order and delivered to B, It is stolen and Bs endorsement is forged. The Bank pays the cheque and debits the drawers account. B sues the Bank and the drawer. Decide.

    2. What are interconnected undertakings ad determined in Section 2J of the MRTP Act?

Explain briefly how and when the Central Government may direct severence of interconnection between undertakings.