law mains 2010 paper 1 & 2

Posted: November 15, 2010 in 2010_mains_papers

Law mains 2010 paper 1

 

1. answer any 3 of the following in 200 words each: 20×3 = 60

a. the fragrance & color which is enshrined in article 141 of the constitution of India is destined to uphold the rule of law in the interest of justice & people of India. Do you agree? Give reasons.

b. whether right to vote is a fundamental or a statutory right? Justify your statement with the relevant case-law on this subject.

c. while certain of law is important in India, it cannot be at the cost of justice . critically examine this statement in the context of curative petition in India & also refer to relevant case-law.

d. the doctrine of separation of powers in its classical sense, which is functional rather than structural, cannot be applied in any modern government. Discuss.

 

2.a. new frontiers of criminal justice have been spelled out from article 21 of the constitution, which provides that no person shall be deprived of his right to life & personal liberty except according to procedure established by law. Discuss & refer to decided cases. 30

b. locus standi is necessary for challenging an administrative action through a writ petition. How it has been liberalized in case of public interest litigation? Comment on the statement that PIL is not PILL against all the ILLS. 30

 

3.a. critically examine the role of supreme court of India in the maintenance of minimum standards in public life & polity. Opine on how much of it is enforcement of the rule of law & how much of it is judicial activism. 30

b. in recent time the role of governor in the appointment & dismissal of chief minister has been impugned & it is said that the court has assumed the role of governor & the speaker . comment. Refer to recent cases where the supreme court has directed to take composite floor test & report to the court. 30

 

4.a. the power to destroy constitution is not included in the power to amend the constitution .

b. it is the religious teaching , not the teaching of religion which is prohibited under the constitution of India.

c. the doctrine of excessive delegation is a judicially tailored principle.

 

section b

5. answer any 3 of the following in 200 words each. 20×3 = 60

a. fundamentals of international law are passing through a serious crisis & this necessities its reconstruction. Do you agree this statement ? give reasons

b. what do you understand by the principle of continuity of state in the context of succession of government? Pinpoint the major areas to be addressed to improve upon the existing position relating to state succession rule & practice.

c. comment on the statement that WTO is the main organ for implementation of multilateral trade agreements & is the third economic pillar of the world wide trade & commerce.

d. a reservation, which purports to exclude or to modify the legal effects of certain provisions of the treaty in their application to that state, is accepted in practice if it is compatible with object & purpose of treaty . discuss the practice of different nations & opinion of ICJ regarding admissibility of reservations to the conventions .

 

6.a. the tradition definitions of international law with its restriction to the conduct of the state inter se, in the view of developments during the last six decades cannot stand as a comprehensive description of all the rules now acknowledged to form part of international law.

Elaborate with examples those developments which are not covered by the exclusive rules governing the conduct of states. 30

b. discuss with illustrations the law & the practice of various states in relation to non-recognition of governments. 30

 

7.a. normally the state are reluctant to resort to the international court of justice mainly due to political factor; the general conditions of international relations; the greater suitability of other tribunals; a flexibility of arbitration in comparison with a compulsory jurisdiction & difficulty in getting enforcement of the decisions of the court. However, the court has made a reasonable contribution in settling disputes.

Critically evaluate the working of the court specially in contentious cases. 30

b. how would you react to the statements that TRIPS agreement on the one hand is a historic act but on the other hand it failed to achieve the goals of improving trading powers & trade issues of the least developed countries? Comment. 30

 

8. write short notes on following.

a. exclusive economic zone

b. laws relating to aircraft hijacking

c. statelessness

 

law mains 2010 paper 2

1. answer any 3 of the following not exceed in 200 words . support your answer with help of legal provisions & decided cases: 20×3 = 60

a. distinguish common intention from abetment & criminal conspiracy.

b. right of private defence is available only against offences. Discuss.

c. defence of ‘volenti-non-fit-injuria’ is not available when the rescuer is injured in an act of rescuing. Discuss.

d. discuss the principle of res-ipsa-loquitur. Refer to recent cases.

 

2.a. in order to constitute a public nuisance there must be an act or an illegal omission , & it is not necessary that the act should be illegal. Explain the offence of public nuisance with the help of decided cases . 20

 

b. A & B were both security guards posted outside the home of senior army officer, Mr.X. they often used to exchange hot words with each other in context to the other. On the day of holi festival both of them had a verbal exchange due to fact that both wanted to go to home early for festival , that led to altercation between the two, both of them instantaneously aimed their revolvers at each other respectively. C who was also on duty with them intervened & pacified both of them. Both lowered their weapons respectively . the moment B noted that A has lowered his revolver , he immediately fired at A & killed them. On being tried B was awarded death sentence. However, on appeal the high court acquitted B on the plea of self-defence. The state intends to go in for appeal in the supreme court against the decision of the high court . advice in the light of the case law on the subject. 20

c. discuss the law relating to criminal intimidation . refer to case law. In what way is extortion different from criminal intimidation? 10+10 = 20

 

3.a. what test has the supreme court prescribed to understand the rarest of the rare cases theory while inflicting capital punishment? Can one argue that capital punishment in any case is against society? 20

b. do you find it is necessary to convict the accused both under section 304-B & section 498-A of penal code?  Refer to recent cases. 20

c. Mr.A a chronic heart patient was drawn into political debate & in the course of arguments his advicesari looked at him fiercely & said that “people like him should be hit till they are dead”. Hearing his A suffers a heart attack & dies on the spot. Discuss the liability of his adversary . argue for the state also. 10 .

d. A a minor girl leaves her parents house because of ill treatment & lives with B, her friend. Can he (B) be prosecuted for kidnapping? 10

 

4.a. the editor of weekly published a series of articles directed against the business of plaintiff alleging how the wealth of the vast empire was built up by having recourse to the unlawful & questionable means involving tax-evasion , import-export rackets, foreign exchange violations & how the investigations into the operations of the organization were bogged down. In an action for defamation the defendant put up the defence of fair comment on the matter of public interest . the plaintiff brought the evidence to show that the defendant had to tender an apology to the plaintiff in an earlier defamation case & that the present publication was motivated by malice. Discuss the defence of fair comment in the light of the facts of the cases. 20

b. we must use our property so as not to cause discomfort to another’s use of property . yet a temporary discomfort is not actionable . explain the law. 20

c. discuss the liability of hospitals under the consumer protection act 1986, refer to decided cases also. 20

 

section b

 

5.a. on breach of contract only such loss can be recovered as was in the contemplation of both the parties at the time of entering into the contract. Discuss . 15 mks.

b. the vary object of taking a surety is defeated, if the creditor is required to postpone his remedies against the surety. Explain the liability of the surety. 15

c. what do you understand by promissory note? Discuss . 15

d. mere cessation of trading does not result in dissolution of a partnership. Rights & liabilities need to be settled between the partners. Explain. 15

 

6.a. the competition act is designed to prevent monopolies & unfair trade practices against smaller competitors & consuming public . elucidate. 30

b. public interest litigation has been a significant tool in protecting the environment . discuss with the help of cases. 30.

 

7.a. an impartial & independent conciliator assist the parties in resolving their disputes amicably. Discuss the provisions of law relating to conciliation. 30.

b. distinguish between ‘foreign award’ & conventional award. Discuss the procedure for enforcement of foreign award with the help of case law. 30

 

8.a. examine the legal recognition of ‘digital signature’ & explain the procedure for its registration under the information technology act. 30

b. the principle of “passing off” in an action has been extended to the use of ‘false trade description’ . explain the conditions for a successful passing off action & the defences available to the opposite party. 30

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