wu saith ty oth C-DRN-N-NBXB fafer wT I LAW Paper—IL Praia aa. dia ae sfana® FF : 250 Time Allowed : Three Hours Maximum Marks : 250 sees & faq fafine aght ror wet & yee 33 8 ys Preffera wee ate at onaghe oF) @ ast Hoga ome yer faq my @ ot feet ot att aa F oF 2) sata a ge ute yet B ane 22 Fr wer wer 1 sie $ frat & ger amet west HF gets eee a ayaa uw ov gTET oT wet & gov Af) wee vers # fa fad ae sad art Re me #1 seat @ ame oet wligpa wea F fe ort ate, Peer sede srt ae-va FP fer Tar ae RE ery ore sete Ses ae-Tee (egos) Rew # GAYE Te fie ear we carat alee) afer arene # afar area Feet rem H fre ae Tere ae ae ote TT weal wt sez dtr, oe? afta 2, et art ar eT) gett varit B orr aoyere A are see wT a Ry Te Te ae & wre ae aa wer 7 ar why vos-we-gere yaar F art BR me ae yes sm at ote: are AC) ay i 2 at aa ‘a * SPECIFI TR Please read each of the following instructions carefully before attempting questions. There are EIGHT questions divided in Two Sections and printed both in HINDI and in ENGLISH. Candidate has 10 attempt FIVE questions in all. Question Nos. 1 and 5 are compulsory and out of the remaining, THREE are to be attempted choosing at least ONE from each Section. The number of marks carried by a question/part is indicated against it. Answers must be written in the medium authorized in the Admission Certificate which must be stated clearly con the cover of this Question-cum-Answer (QCA) Booklet in the space provided. No marks will be given for answers written in medium other than the authorized one. Word limit in questions, wherever specified, should be adhered to. Attempts of questions shall be counted in chronological order. Unless struck off, attempt of a question shall be counted even if attempted partly. Any page or portion of the page left blank in the Question-cum-Answer Booklet must be clearly struck off C-DRN-W-NBXB 1wet SECTION—A Q.1 Prafaftes % 3 wake at sa wT 150 edt FH Share| fa seat ae anf Pott et wera F arg gate: : Answer the following in about 150 words each. Support your answers with legal provisions and judicial pronouncements : 10%5=50 Q1@) Q. 10) Qe) Q1@ Q 16) Q 2@) Q. 20) wae vfeeer & after @ am afte @ ? wee vee & efter a1 sare ahaa ara Praia & 7 What is meant by right of private defence ? What are the general principles which form the basis of right of private defence ? 10 serra & fair zeit a Rae wife area ds ater A ad ae aT wer fe vere edly 2 ? Discuss various stages of crime. How is the stage of attempt punishable under the Indian Penal Code ? 10 oag ‘Qeoa Site A ver wer’ 8, SE aT eer aE weEET “The maxim is ‘volenti non fit injuria’ and not ‘sciénti non fit injuria’.” Explain. 10 saraped fata Ao ae we ware Bi" a ote at yer afresh ee ara aT AERC WR SIT FART “A tort is a specie of civil wrong.” Examine this definition and add other features to make it comprehensive. 10 sgecrare Prarco afBrem, 1988 sree % teria at qa waa fey ew Heel Barr 3 Baar Afr) i “Prevention of Corruption Act, 1988 is an important legislation to safeguard democracy in India.” Discuss, 10 sua wea ae Aaa 2? Gana Poe A Sia sivas watala wr whee Raat FT i ‘What are the constituent elements of crime ? Elaborately discuss mens rea with relevant case law. 20 ari wet wee S aad Gta aes) oo oe Tear ae BAA wT Bart ae gh we Pre oh ate fee Ge Rar amo BAF Fe A ge areca at aA 3 afer ore a sar Far ate germ) ge ame GH eA A ater ave sear Par wa vaem & ue afer a wa Pe yey wes aia we aeaTt Be safe Poh at weet & AS omvatr ats ar RT AE DRN-W-NBXB 2Q A) Q 3a) Q 3(b) Q 3) Q. 4@) ‘A’ assaulted his wife by kicking her repeatedly on non-vital parts of her body. She fell down and became unconscious. In order to create an appearance that she had committed suicide he took up the unconscious body and thinking it to be a dead body hung it up by 4 rope. The post mortem examination showed that death was due to hanging, With the help of decided cases determine the culpability of A. 20 “fal orf & way ate ar gh aaa ft AF on wh, ae ghee ga anh St wet} faq et ore 4 a" rey Sh Hele AAI “The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.” Explain and illustrate. 10 “orrafer -aein ate oa & fret aoe & RAR mara: Rear ar scene ater Wg aM Maer A 8 ave Fea ste ser B" Prof fate af aera 8 eremgqy “Criminal breach of trust and cheating are two distinct offences generally involving dishonest intention but mutually exclusive and different in basic concept.” Explain with the help of decided cases. 20 “arta @e after FH ort 304-8 F ay so a om steph Fer a ey aT att are 304% seit samafie ara-aa ot gem ad 2 dhe six ger 2, eT sed eet oe ie sea a wee 81 are) “Distinction between death caused by rash or negligent act under section 304-A and culpable homicide not amounting to murder under section 304 of the Indian Penal Code is fine, but if overlooked, can result in grave injustice.” Discuss. 20 ug Profy are & fhe A wer Tren star % Ae wr after 2 gust ony qe Pa eT snap 21" Rees atic sit Prof A a det df) “The age of a child must be considered in deciding whether it has been guilty of contributory negligence.” Discuss and refer to case law. 10 Smegd met rr sae veN Uey A sede arena A Pola el wait seer adh ma 2, aah wh anaes vats} fe eer ea yah ar ae fer ma 21" ere FT) “Although the decision of the Supreme Court in Kasturi Lal y, State of U.P, has not been overruled as such, yet for all practical purposes its force has been considerably reduced.” Elucidate. 20 CORN -N-NBXB 3Q. 4(d) A toch whsraa wheda tate A fond 8 afte A) Re DA TER wT ae gad te aw ad wet ah TAT Rets Shhgia’ ah 80 Pata a Ge wee fea are art fafted Pra we ash S aa Fo we A Wear GT gos Bt Aw ok w eae & fee A gett gq a we Rao A wa w AR ET fF De eer amy A vg Palen got Petree Sta A Pee ot PParcere & aH aét 8 ote ae Redus 8 oan # dae Foye ose A Pre arr FB) ar veh wat aey # Rg 75 are TR a wT wa GT AT sea Fa H oftae afer fro stan Ha A afte ve DA arate A te oh ate ster a aA wT ae st fear Prof aie) W, wife of A was diegnosed to be suffering from toxic Epidermal Necrolysis. Doctor D was consulted who prescribed a long acting Cortico steroid ‘Depomedrol’ injection at a dose of 80 mg twice daily. Despite administration of this medicine her condition deteriorated rapidly and she died within a week. On expert opinion, it was found that the line of treatment followed by D is not supported by any school of medical thought and is in sheer ignorance of basic hazard relating to use of steroids. A files a complaint in Consumer Forum claiming Rupees 75 lakhs as damages for death of his wife W. D objects to the jurisdiction of the Consumer Forum and also pleads lack of negligence on his part. Decide. 20 Q4@) “qe & anger & wh ama Xue sraew we 8 PH art At eat A ar ay ward ate gels Src “It is not necessary that in all cases of tort of defamation there must be a loss of reputation of the plaintiff.” Explain and illustrate, 10 wea SECTION—B Q. 5 Prafateer seit & see Ait, a wee 150 wet T sitter Hoa aL eT ee Faas % faites cadet sit Rafter ant a rere AE: ‘Answer the following (answer to each part must not exceed 150 words). Support your answer with relevant legal provisions and decided cases : 105=50 Q Sa) cae fed wPrr ar a Pron @, a ARE var wor PE vet aH oT aT arf 2, aftr va A tet Rafe A eenfte awe fear oy A APA afer wr Te Fe FT Ta a sadea waa A ee Ae oh ae Ta part ade) F aaa F Re seer faq ma aa fais ve wat FCI CDRN-N-N BRB 4Q. 5(b) Q 5(c) Q 5@ Q. Se) Q. Ga) If a contract is broken, the law will endeavour so far as money can do it, to place the injured party in the same position as if the contract had been performed. Explain the above statement and discuss the principle court follows for assessment of damages. 10 “qret atta afer & amet ste weet a Agia F fq ania ote oer va a wd wm oye wel S Re rege Ao Ey Rewh se “The procedure and qualifications for appointment of chairperson and members of Cyber Appellate Tribunal have been introduced to keep up the standards of Justice.” Comment, 10 manProfea af ap datas Rr Seo H, moe cereal a, wore ok yaw ABP, 1996 % sei vere @ ara Ae A aga F waren Prive F wey A om FF cet ge of, after, Stent 21 ene ARE ‘Arbitration, as an altemate method of adjudication is acceptable to parties largely irrespective ‘of the fact that access to court by the parties has been curbed drastically under the Arbitration and Conciliation Act, 1996. Explain. 10 ogre @ aw A aie BF Boas oeeata’ aw omer A ares TaeTT ar 4. Rea gee (Fa) A APwem a tre 81 Bees eee ARE ‘The actual concept of partnership from ‘people sharing the profit’ to ‘mutual responsibility’ was the outcome of the decision in Cox J Hickman case. Elaborate. 10 cmfes & yh wale watts, wae she arTaET Fe me ay A digey, eu aft dar tr aro we ee we ARC “The liability of sub-agent towards principal is not direct, except in case of fraud and wilful wrong.” Explain giving reasons. 10 tea ws Soh 2 awl weeca Fone Phar WH A, Batt Cart F Paw aT ug wh or afte eae atere oe Pate QA Aaa > fe ater Ban veg, snies fe Sa 8 wk Prams A cftads Pq ms am Pate Qa ARE ME aeiet TTA HE & ate fo fe Pare A oftada Bo aren 8 anies ea ore? al ACL X and Co. in its prospectus represented that A, B and C would be the directors of the company. This was true and on the basis of this P and Q applied for shares. However, before the allotment took place, there were changes in directors. Is the allotment of P and Q subject to their choice or it stands cancelled due to change in directors ? Discuss. 10 O-DRNN-NBXB sQ 6d) Q 6(e) Q 7a) Q. 7) Q 1) Q. 8) ‘eo, at ww ae F & 16008 ars Aaa we Prose 2, # ware (Ig eRe) & few ‘w vfty (Pie) tar 81 we de wea FB ae oa ae a fafa Ral fans anh 2 WT 15008 alte Aaa a chee aa F fq ue A oat 81 wa a A Fea wer orar @ Ra’ ard) wae Saher, weA a APA Patyhficers) area wer 21 areda fatty Bo sei, oy Se ey a we at an after 2? A, stands as a surety for the good conduct of B, who is employed in a Bank on a monthly salary of Rs. 1,600. Three months after when the financial position of the bank deteriorated B, agreed to accept a monthly salary of Rs. 1,500. Two months after, itis discovered that B has been misappropriating cash all through. What is the liability of A as surety under the Indian Law ? 20 wre % saenferet vermrttr @, ange gaat state ur ag area S gre venir aet fear oT ware 81 eee ware FH, wel wife Bi AST fe ee ae oot dhe wT geet we at cafte sia Ft yaa et a ye wer 2) Judiciary in India is impartial, hence can not be influenced by internal or external factors. In the light of this discuss how far media transgresses its limit and attempts to influence the judicial process. 20 senfrage rarer, were, flea Prater ar afters 8, Rel om? saree Shit F oer Fao Ge Fa wT gat fea 21 ana F afters, fiver ARs a dafte sfetea, at att RRS aia comer soe a oder aie “Copyright is the right of the artist, author, producer of a film who have created a work by use of their artistic skills.” Examine infringement of copyright particularly relating to video piracy and the remedies available under the law. 20 “dp ome’ & fait 9, Ger f geacw -rarea A gaat aie Pra 2, are vafeer Fate FB ue gree SF de a arr Par 1" wal ae, The doctrine of “Public Trust” as propounded by Supreme Court has worked as an instrument for protection of Environment in India. Discuss. 15 otra eet A Reareafie: AR A, Aor arsed we’ Hace tevez) & Pro a RAY ere afc Explain the scope of rule of “Caveat Emptor” in the expanding law of consumet protection. IS Softerat a ore mr aiteere’ gm tar afteare 8 Rear Stew we geet aA ay wT 8 mem a ater a Grate wor 81 ee a) “Right not to compete” is a right meant for promoting business through small groups called firms. Explain. 20 CDRNNANBKE 6Q 8(b) vata Brot 2 A Rech Rare weer SF uw Ths Ba ae, Aw seed sa et gra Ft fae cht &, Res fee Star Praha mer or fren afc) “By and large Lok-Adalats have failed in achieving the objects for which they were created.” Comment. And also suggest some measures to make this institution more effective, 10 Q 8) Are sacra cH qeraftad rere snrafts arf 81 seus, dna @ fH aitaw fay ara waa fe fait, agar er a we ere ae Pet oe) vel afc) Cyber-terrorism is a well organised transborder criminal act, hence a combined domestic law supported by a Global law may help to address the problem. Discuss. 20 C-DRN-NNBXB