IAS Mains Law Papers 1990

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IAS Mains Law Science 1990

Paper I

Section A

  1. Answer any three of the following (each answer should be in about200 words):

    1. Fundamental Rights in India secure the minimum of peoples liberties which neither the State can take away nor a person can surrender. Discuss.

    2. Is the principle of natural justice an essential precondition for all legal and administrative actions? Explain the position of this principle as it has emerged under the Constitution.

    3. The essence of the power of judicial review is the maintenance of rule of law and constitutional supremacy in the State. Examine with reference to Indian experiences.

    4. Examine the constitutional safeguards provided against misuse of imposition of Emergency under Article 352 of the Constitution.

  2. Answer the following questions

    1. Discuss the basic conditions for making constitutionally valid classifications under the doctrine of equality before law. Illustrate your answer particularly with reference to validity of such enactments which apply to an individual only.

    2. Discuss the nature, scope and interpretation of equal pay for equal work principle under

    Article 39 (d) and the right to work under Article 41 of the Directive Principles of State

    Policy provided in Indian Constitution. Is it practicable to make them part of Fundamental

    Rights of people?

  3. Discuss any three of the following making reference to decided cases:

    1. Citizens right to show films on Television and Doordarshan.

    2. Statutory regulation of educational standards and conditions of employment in minority educational institutions.

    3. Warrant of arrest issued by the Speaker of the House of the People against an individual in order to face the charges of contempt of the House of the People.

    4. A State law imposing tax on goods carried by all road transport companies using roads within the boundaries of the State.

  4. Answer the following questions

    1. The effective control of delegated legislation has been through judiciary and not through the legislature. Comment on the statement.

    2. Evaluate the regulatory role of the Union Public Service Commission in the exercise of pleasure by President of India in making appointments, promotions and in termination of service of Civil Servants.

Section B

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

    1. The jurisdiction of International Court of Justice depends on the consent of States since international adjudication continues to be optional. Comment on the statement explaining the ways in which the consent of States may be taken to be expressed by the International Court of Justice.

    2. Discuss the position of apartheid in International Law. Have the rulers of Republic of South Africa committed any international crime in enforcing apartheid?

    3. A State is free to enact and enforce its own laws provided these laws are such that international obligations of the State are not violated. Discuss the proposition particularly with reference to Indian position.

    4. Can a war be legal under the Charter of. United Nations Organisation? Discuss.

  2. Answer the following questions

    1. Recognition of a new State or Government is a precondition for claiming that the new State or Government has succeeded to the international rights and obligations of the extinct State or the changed Government. Explain the rule of International Law on this matter making reference to cases.

    2. Clarify the status of Antarctica Continent under contemporary International Law.

  3. Answer the following questions

    1. X, a British merchant ship, and Y a French merchant ship, collide in high sea and X is sunk. When Y reaches a British port for leaving some survivors of X, the British Government detains the captains of the two ships and wants to prosecute them for negligent navigation. Examine the jurisdiction of British Courts in this case and the Jaw applicable to the situation.

    2. State A has a constitutional dictatorship and a rebel group PF is fighting a regular war for ousting the dictator. Explain if and when State B can legally give military help to PE.

    3. A dissident political leader in a State C fears assassination by Government agents and seeks refuge in the embassy of State D. Explain the rights and duties of State D with regard to State C.

  4. Answer the following questions

    1. Examine the efforts of international community since 1945 directed to make international conflicts less brutal both for civilians and armed forces. Refer to important conventions and the laws which have come into existence in this direction.

    2. Protection of rights of neutral States during a war are now illusory. Comment making reference to recent Iran-Iraq conflict.

    Time Allowed: 3 hours Maximum Marks: 300

    Candidates should attempt Questions I and 5 which are compulsory, and any three of the remaining questions selecting at least one question from each Section.

Paper II

Section A

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

    1. What are unliquidated damages? When are they awarded?

    2. Under what conditions may an action in tort be maintained for a breach of a statutory duty?

    3. What is the distinction between Conspiracy and abetment by conspiracy? When is an abettor liable to the same extent as the principal offender?

    4. Under what conditions may the defence of insanity be pleaded on behalf of an accused?

  2. Answer the following questions

    1. What is the liability of the manufacturer of defective goods for personal injuries suffered by a consumer? Has the Consumer Protection Act, 1986, altered the law in any way?

    2. X, received from B, a bookseller, a parcel of books. X did not order for them. He did not want to buy them, nor incur the postage to return them by post. He wrote to B to arrange for taking them back soon as he did not want to buy them. After three months X received a letter from B asking X to hand them over to a local book dealer. By this time the books became moth-eaten and unfit for sale. Can B sue X for conversion, or on any other basis, and recover the price of the books?

  3. Answer the following questions

    1. Explain the elements of the Offence of Sedition.

    2. A, B, D and E broke into a house during night. A and B carried instruments useful for housebreaking, breaking iron chests, C and D carried knives, and E a revolver. As C was snatching a gold chain forcibly, from an inmate, another inmate P pointed a gun at him.

    Before P could shoot, E shot him dead. All intruders escaped with the gold chain and other ornaments. Outside the house, a neighbour N at-tempted to catch hold of D, but D killed him by stabbing. What are the offences for which these five may be charged? Is it possible to plead the right of private defence with respect to killing of P?

  4. Answer the following questions

    1. What are civil rights as defined by the Civil Rights Protection Act, 1955? State briefly the offences prescribed by the Act.

    2. Explain the following offences created by the Dowry Prohibition (Amendment) Act, 1986:

      1. Advertising offers to give dowry

      2. Dowry death (Sec. 304 B, IPC).

Section B

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

    1. Consideration need not be adequate, but it must be real or valuable. Explain.

    2. While a minors contract is void, his estate is subject to quasi-contractual liability. What are the conditions of quasi-contractual liabilities to which the estate of a minor is subject?

    3. In a bilateral contract, where both parties have obligations to perform, questions may arise as to who is to perform first. How are such questions answered?

    4. The right to rescind a contract is a more drastic remedy than the right to damages, and therefore some restrictions are placed on it. What are they? When may rescission be refused?

  2. Answer the following questions

    1. What is the effect of a mistake of fact on the validity of a contract?

    2. A takes on hire a finishing trawler from B for the purpose of deep-sea fishing. The trawler was imported by B and was never used by him. Under the contract, A was to get the necessary repairs done in the trawler to make it sea-worthy, for which B would pay. After it was certified sea-worthy, A was to pay monthly rent. While the repairing was being done, A discovered that the refrigeration equipment of the trawler was not capable of bringing down the temperature to such a low level as is necessary to use the trawler for deep-sea fishing. A sues for a declaration that the contract is void, and for recovery of the expenses incurred on repairs. There is no evidence that during the negotiation for contract there was any discussion about the quality of the refrigeration of the trawler, but the purpose of chartering of trawler was known to B. How will you decide?

  3. Answer the following questions

    1. What are the implied conditions and warranties in a contract of sale of goods?

    2. When may an unpaid seller resell the goods? Who is entitled to the profit got on resale?

    3. X bought an electric typewriter from Y and used it for seven months, Then it came to light that Y had stolen it from Z. Z recovered the machine from X. X sues for the recovery of the price he had paid to Y. Y pleads that since X had used the machine for seven months, the full price is not recoverable. Is the plea sustainable?

  4. Answer the following questions

    1. If a duly appointed agent enters into a contract with a third party without disclosing the principal or the agency, what are the rights and liabilities of the principal, the agent and the third party inter Se with reference to the contract?

    2. A partnership, which is a partnership at will, is dissolved by a partner giving a notice to ocher partners of his intention to retire from the 1artnership. From what date does such dissolution take effect? When does the liability of such partner with respect to the dealings of the firm with outsiders cease?

    3. X Draws a cheque in favour of Y, a businessman, as part of a legal transaction and delivers it to him. Y endorses it in favour of Z and passes it on to him towards the price payable to him in respect of the goods purchased from him. Z gives the cheque as a present to? On P presenting the cheque, it is dishonoured. P sues X for its amount. Will P succeed?

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