IAS Mains Law Papers 1993

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IAS Mains Law Science 1993

Paper I

Section A

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

    1. Point out the-contingencies under which the President may promulgate Ordinances. Discuss the limitations on this power

    2. Explain how fundamental right to education was evolved. What limitations are now placed on this right by the Supreme Court

    3. Explain the doctrine of pith and substance in relation to distribution of legislative powers between the Centre and the States.

    4. State arguments for and against advisory juridsiction of the Supreme Court.

  2. Answer the following questions

    1. Critically discuss the financial relations between the Cenrtre and the State. What measures have been suggested to strengthen financial position of State?

    2. Are provisions relating to preventive detention undemocratic and harsh? Discuss briefly the safeguards available to a person detained under law of preventive detention.

  3. Answer the following questions

    1. Explain the doctrine of pleasure incorporated into the Indian Constitution in respect of civil servants.

    2. Enumerate the various procedures of amending the Constitution. Discuss the limits of the amending power.

  4. Answer any two of the following:

    1. The state education rules provide for compulsory singing of national anthems in schools every morning. X, a student, whose religion does not permit singing in praise of anyone other then God refuses to sing but stands in respect when national anthem is sung The school authorities expel X for violating the rules. Write the ground on which the expulsion can be challenged.

    2. The Green party routs the White party in a general election to Parliament. The Whites do not get even a single parliamentary sent in the nine states where they had the majority of seats in the State Assembly by virtue of an election in the past. The President dissolves the assemblies of these States on the advice rondered by the Green partys Cabinet at the Centre. The nine states challenge the action before the Supreme Court. Will they succeed?

    3. An independent member joins the ruling party. After a few months he disobeys the whip and abstains from voting. He was disqualified. He challenges the constitutional amendment providing for disqualification on the grounds that it restricts his freedom of speech and expression, interferes with his discretion to act according to the demands of his voters and excludes judicial review of the act of disqualification. Decide.

Section B

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

    1. Decisions of courts and tribunals are a subsidiary and indirect source of international law. Discuss this statement and explain how far decision of judicial institutions lead to the formulation of the rules of international law.

    2. ____the law of nations and the municipal law of several states are essentially different from each other. Explain and show how a reconciliation of the conflict is made by state practice.

    3. Boundaries are one of the most significant manifestations of State territorial sovereignty. Explain.

    4. Not every State possesses the right of legation. Explain the right of legation and point out the conditions under which the right is exercised.

  2. Answer the following questions

    1. Now the central feature of distinction between occupation and prescription was this, that one act of animus and factum sufficed to complete the legal act disgnated by the term occupation; whereupon res ceased to be nullius, but the possession which required the factum of physical control to be continuous for a longtime, was the basis of prescription. OConnel. Explain and bring out the importance of occupation as a mode of acquisition of territory in international law.

    2. Distinguish between de jure recognition and de facto recognition.

    3. Distinguish between territorial asylum and extra territorial asylum.

  3. Answer any two of the following:

    1. A treaty between United States and Switzerland was signed in 1850 providing for inheritance rights to aliens The treaty was ratified by the United States only is 1855. The Swiss heirs of a former Swiss who was naturalised in the United States and died in the 1853 sued for inheritance of the property. Decide.

    2. A municipal court allows extradition of a person who murdered his wife in his country. The same court did not allow extradition of a foreigner who took part in political uprisings in his country. Examine the legal questions involved and bring out the distinction.

    3. An Australian ship collided with a Cuban vessel on high seas and caused the death of five

    Cuban officals on board the Cuban vessel. The Australian captain was prosecuted in Cuban court for manslaugher he challenges the jurisdiction of the Cuban court, Discuss the rules of international law on the question.

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

    1. Exclusive Economic Zone.

    2. Methods for the acquisition of nationality with special reference to the implication of the ICJ in Nottebohm case.

    3. Right and duties of a subjacent state in the use of outer space.

    4. Jus cogens.

Paper II

Section A

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

    1. What are the difficulties that arise in the application of the rule the acceptance must be absolute, and must correspond with the terms of the offer?

    2. Outline the nature of undue influence in the law of contract.

    3. Are there any exceptions in the partnership law to the rule that contracts in restraint of trade are void?

    4. When does a discount sale announced by a trader amount to an unfair trade practice under the

    MRT. P. Act?

  2. Answer the following questions

    1. Can an outgoing partner claim a share in the profits of the firm? If yes, under what circumstances?

    2. A, B and C were partner of a form in which A was a dormant partner. He retired from the partnership without given public notice and his place was taken by D. Subsequently F becomes a creditor of the firm. Can F proceed to recover his debt from A, B, C and D?

  3. Answer the following questions

    1. What is ratification and what are its essentials?

    2. B creating an impression that he is a creditworthy person purchased a car from A by handing over a cheque for the price of the car, having taken possession of the car he sold it to C. The cheque was dishonoured. A seeks to recover the car from C. Will he succeed?

  4. Answer the following questions

    1. What constitutes material alteration of a negotiable instrument and what are its effects?

    2. A cheque payable to A or his order is endorsed by B forging the signature of A, The drawee bank pays the amount. What is the legal position of the bank? If the forged signature were that of the drawer would the legal position of the bank change?

Section B

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

    1. Can less than five persons be charged, tried and convicted for the offence of unlawful assembly?

    2. Amplify the view that our penal law does not recognise insanity that affects our emotions which prompt our actions, and tile will by which our actions are performed.

    3. When do the courts award exemplary damages in an action for tort?

    4. Examine that statement that would is lawful in one may become unlawful when done by more than one acting in combination.

  2. Answer the following questions

    1. The law relating to murder recognises the principles that anger is a passion to which good and bad men are subject, and mere human frailty and infirmity ought not to be punished equally with ferocity or their evil feeling. Elucidate.

    2. In spite of recent amendment in the law, the definition of rape with Indian Penal Code leaves, certain loopholes making it difficult to secure convictions. Critically evaluate this statement.

  3. Answer the following questions

    1. The fact must support the implication from occupiers conduct that he has permitted entry, not merely tolerated it, for knowledge is not tantamount to consent. Discuss with reference to the liability of the occupier towards a licensee. Is it in any way different towards a trespasser? Explain.

    2. Employees of the telecommunications department opened a manhole in a street near a childrens park and in the evening left the open manhole covered by a canvas tent unattended and surrounded by warning paraffin lamps. The plaintiff, a boy aged eight, attracted by lamps and the tent entered into the tent. While peeping into the manhole lie stumbled over a lamp.

    The lamp fell into the manhole and in a violent explosion has followed plaintiff sustained burn injuries. In an action in tort, the department pleads remoteness of damage. Decide.

  4. Answer the following questions

    1. State the powers of Food Inspectors and the procedure which they are required to follow in exercising their powers under the Prevention of Food Adulteration Act, 1954.

    2. A hotel refuses to serve food to certain classes of persons unless they sit in a separate place earmarked for then

Discuss the liablity of the hotel owner, if any, under the Protection of Civil Rights Act, 1955.

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