IAS Mains Law Papers 1994

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IAS Mains Law Science 1994

Paper I

Section A

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

    1. Distinction between quasi-judicial and administrative functions is no longer the exclusive criterion for deciding whether or not the rules of natural justice apply. Critically examine the above statement.

    2. The Preamble to the Constitution sets out the aims and aspirations of the people of India. To what extent have they been translated into the various provisions of the Constitution?

    3. The law declared by the Supreme Court of India shall be binding on all courts within the territory of India. Discuss.

    4. One of the methods of control over the exercise of power of delegated legislation is legislative overseeing of delegated legislation Discuss, Highlight the legislative control over delegated legislation.

  2. Answer the following questions

    1. Examine the conditions under which emergency can be proclaimed under Article 352 of the Constitution. Point out the safeguards against undue prolongation of the emergency.

    2. Assess the powers of the Governor as the head of the Government of a State. Is the Governor bound to act according to the advice of the Chief Minister when he exercises powers conferred on him under a statute as the Chancellor of a University in his State? Give your reasons

  3. Answer the following questions

    1. All obstructions or impediments, whatever shape they take, to the free flow or movement of trade or noncommercial intercourse offend Article 301 of the Constitution Critically examine the above statement with the help of decided cases.

    2. One has to turn to the privileges of the House of Commons to ascertain the parliamentary privileges in India. How far is this statement still correct? Give reasons.

  4. Attempt any two of the following:

    1. A lawyer challenges the appointment of P as a judge of the High Court on the ground that the Chief Justice of India did not recommend the name of P when the President consulted him. Identify the issues involved in this case.

    2. The post of the Director of Health Services was reserved by the State government for Scheduled Caste. A a member of the Scheduled Caste was appointed to this post. B, the senior most Deputy Director of the Health Services questioned the selection, Bs argument was that treating a single isolated post of the director as reserved is hundred percent reservation not allowed under the Constitution. Write a reasoned judgement.

    3. The Regulation framed under a State law empowers the State government to prohibit, in certain areas during agricultural season, employment of labourers for manufacture of bidis.

    The State law was framed to promote agriculture. The District Collector used the power under the Regulations and issues a prohibitory order. An affected bidi manufacturer challenges the constitutional validity of the State law and the Regulation. Decide.

Section B

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

    1. ____ Custom and treaties are the two principal sources of international law. Discuss.

    2. No Constitution can limit sovereignty, which is an attribute of the king in a monarchy, and of the people in a democracy Do you agree with the view that the modem developments in international law cast a doubt on this statement.

    3. A pirate is subject to arrest, trial and punishment by all States on the ground that he is an enemy of making. Examine whether the same principles are applied to a hijacker of aircraft.

    4. Arbitration is essentially a consensual procedure. Distinguish arbitration with other methods of peaceful settlement.

  2. Answer the following questions

    1. Examine the impact of international conventions on the evolution of human rights jurisprudence.

    2. Elaborate the new concepts laid down by the Third United Nations Conference on the Law of the Sea (UNCOS III). Point out the dissenting opinions that prevent full realization of the substantive recommendations of this Conference.

  3. Answer any two of the following:

    1. The Government of State X is overthrown. Rebels establish a new Government. State V continues to recognise the old Government but accords de facto recognition to the new Government. A suit is filed in State Y by new Government of State X against a bank for recovery of certain money due to State X. The old Government opposes the suit claiming that the money belongs to the lawful representatives of State X. Decide.

    2. State A discovers a new island and displays its flag there. Thereafter State B occupies the island. After a few years State A desires to recover the island from State B. Advise State B.

    3. A Chinese warship which passes through the territorial waters of Singapore is damaged by the explosion of mines laid by Singapore there A naval unit of China sweeps the mines of the territorial waters of Singapore without the consent of Singapore. Both China and Singapore complain against the action of the other. Develop the arguments on the basis of which decision can be given by the International Court of Justice.

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

    1. Domestic jurisdiction of States.

    2. Reservation in a treaty.

    3. Self-defense.

    4. Charges daffairs.

Paper II

Section A

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

    1. A partner has undefined ownership alongwith other partners over all the assets of partnership, and if he chooses to use any of them for his own purposes, tie cannot be held guilty of criminal misappropriation of property. Examine.

    2. Examine the criminal liability of a landlord who cuts of the electricity connection of his tenant in order to put pressure on him to pay enhanced rent.

    3. The maxim Res Ipsa Loquitur is not a rule of Law but a rule of Evidence. Explain and illustrate.

    4. A wrong falls within the course of employment of the servant if it is necessarily incidental to something which the servant is employed to do. Explain.

  2. Answer the following questions

    1. Clause (4) of Section 300, Indian Penal Code, defining murder, cannot be applied until it is clear that Clause 1, 2 and 3 of the section each or all of them fail to suit the circumstances. Examine the above statement with the help of decided cases.

    2. A enticed a minor girl M without the consent of her lawful guardian G and kept her with him for a month after which he deserted her. While M was loitering on the street immediately thereafter, B took her with him from whose custody M, was later recovered by the police.

    Discuss with reasons and decided cases criminal liability of A and B.

  3. Answer the following questions

    1. Study very carefully the following two situations: Situation A: While playing on a cricket ground owned by the defendant a batsman hit the ball so hard that it went over the boundary wall and hit the plaintiff walking on an adjoining street. In the history of the eighty year old ground the ball had been so hit out five or six times. Situation B: Trespassing children used to play football in an open area belonging to the defendant adjoining a busy road In the absence of a high boundary wall the ball used to go on to the road frequently and children used to go there to fetch the ball back. One day the ball was shot out on the road where it hit a scooter driver causing hi in to fall and suffer injuries Compare the tortious liability of the defendants in above mentioned situations. Give reasons and cite case law.

    2. A, a journalist, writes an article against B, a public servant, alleging that B has misappropriated sum of Rs. 2 lacs from the public fund under his control In an action in tort for defamation by B against him A takes the defence of fair comment. Discuss with reasons.

  4. Answer the following questions

    1. Discuss the various defences which may or may not be allowed during prosecutions under the Prevention of Food Adulteration Act, 1954.

    2. Explain the concepts of civil rights and place of public worship under the Protection of

    Civil Rights Act, 1955.

Section B

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

    1. A contract is a contract from the time it is made and not from the time its performance is due. Explain.

    2. Explain an offer “and a quotation” and differentiate between the two.

    3. In a partnership where no contract exists, how would the partners distribute the assets after dissolution and how would they charge interest on capital and loan?

    4. Under the Consumer Protection Act, 1986 discuss the procedure to be followed by the

    District Forum on receipt of complaint relating to any goods.

  2. Answer the following questions

    1. Though offer and acceptance bring the parties together and constitute the outward semblance of contract, vet most systems of law require some further evidence of the intention of the parties and in default of such evidence refuse to recognise an obligation. Comment upon the above statement and discuss the nature of evidence required to be supplied under the Indian Contract Act.

    2. The plaintiff, municipality of a town, sold to the derendant by contract the right to collect dung in the municipal area for one year. No dung was, however, left to be collected by the defendant as the same was removed by the pig owners themselves in their own right.

  3. Answer the following questions

    1. Examine the situations in which law of fiction shall apply in partnership relations Refer to the relevant provisions of the Partnership Act and case-law.

    2. A and Sons, a partnership firm, manufactures certain articles under a trade name B gives to his own products a similar name to pass them off as a product of the said firm. The firm files a suit against B and claims injunction against using the name. B pleads that the firm being non-registered the suit is not maintainable. Decide.

  4. Answer the following questions

    1. The notion of transit is both a matter a fact as well as of law as regards stoppage in transit by an unpaid seller. Examine this statement and refer to case-law.

    2. Discuss the various ways under the Negotiable Instruments Act in which the liability on a negotiable instrument is discharged.

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