ferater DETACHABLE fafa (asa 1) LAW (Paper 1) waa: dae Here SHER 250 Time Allowed : Three Hours Maximum Marks ; 250 warra weasel AST yea sae 84S uaa Folens mete sate cages we | ga one (8) 17 Th GST H fay Tet cen ae fers at at rst Hwa AE | soardt at ga via wei Sse FE wer wis 1 wa Ssifrard & | eee eee ae | wee wet (art oth wer ata Hara Ft yaar-va Fanfare A ax feraet areca @ cat ae azTE (Question-cum-Answer) ¥fecraT # fate ame a gotta sen marae ® | ofr rere rere sre TEA H Ae ae see at oes TT fa wea | wert & gee fate feat wa ate ee & arqare eter afer | weit & cae ates Pree 8 A oT | ae aie ae er see a A Prt & fen aT aah Se gar fern er a fa ay et sae afer HE ar aT aa set sore Teh € a ga /see eS eT aae raed QUESTION PAPER SPECIFIC INSTRUCTIONS Please read each of the following instructions carefully before attempting questions. ‘There are EIGHT questions divided into two SECTIONS and printed both in HINDI and in ENGLISH. Candidate has to attempt FIVE questions in all. Question No. PapdSare compulsory and out of the remaining, THREE a6 10 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 on 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 ofa question shall be counted even if attempted partly. Any page or portion of the page left blank in the answer book. must be clearly struck off,|S ‘A’ SECTION ‘A’ 1, Peafefen & soe ify, st wate amin 150 aed HSA Tiey E Answer the following (each answer should be in about 150 words) A.G@) ise foo # ent efter ar eaex/ugia sear @ — ohana, Yer sera and-ofteides 7 aren aff (qifeer eth) & ret A ae atta ser 8, eg A oo TT fea (ere) ar afag we | eT St amratrmygs vem fam | ‘What do you think is the form/nature of our Constitution — Federal, Unitary ot Quasi-tederal? The Members of the Drafting Committee call it federal, but many others would dispute this ttl. Critically examine the statement. : 10 Ab) “Reenter 8 en aneed @ 2 ‘veneer’ 3 are A agin (gree) ote “eerie oe dal a, ow faorn a, Tek verre ste gers Sr vai, aE ihre | ‘What is ‘Consttutionalism’ ? Explain the said concept both in ils negative and positive aspects in the text of India's tyst with “Consttutioualism’ and ‘Constitutional Governance” 10 ie 5 13 saernfesr a, ote fatten age sarge &, ae aa a1 Gem, oat th Pree wera 2 | Yate and fate ag after & oeae Hat ae rare Sze AR a es’ Ghee) ofa wo A an we Cwatt stk at ane ter ach steer ftcifag emt @ vat FE | Acticle 13 makes the judiciary, and especially the Apex Court as @ guardian, protector and the interpreter of the Fundamental Rights. It confers a power as well as imposes an obligation on the Courts to declare Jaw void if itis inconsistent with a Fundamental Right. Discuss. 10 1 sera A ‘fate cara attrntear” say wy, $8 fe see ea vfs en @, eve AE plain the scope of the “Special Leave Jurisdiction” of the Supreme Court as expounded by it. 10 ) ‘aftelt & geese & fain ar stam Sire | eer al ome Haw fein A orem a1 seta AERC | Eyafnine the doctrine of separation of powers. Also mention the relevance of this doctrine in India. 10 2.60) // ahha seme! Warr % ‘naa saree’ & fegie ac oe aati often AA ae, deg aT TST Prameves ‘shea san’ i ferraey ft afer aa a ate atte aan aierd a after sree we socd ot area Frater oat, fat ar facie aaa # | aa on seta ae EE CH aera) ee Afi | ° = ‘The concept of ‘Reasonable Opportunity” being a constitutional limitation on the doctrine of “Teme ¢ Pleasure’, Parliament or State Legislature can make a law defining the content of “Reasonable Opportunity’ and prescribing procedure for affording the said opportunity to the aceused government vant. Explain the concept with reference to leailing cases. 20 2.0) ‘fe eacrer or afta! aft, dn fe Seem ree % aroma afk em AAMT aga ae fies (R.ané.ame, 1995 wa.#. 2200) # seen fraa fen 2, ae Sifieg tte et ace aren | ga dau, are Sane arate % are faite anes fagidt an ameter faster ifsc | Explain and elucidate the mearing ofthe ‘Right o personal liberty’ as interpreted by the Supreme Court in Papanasam Labour Union v. Madura Coat Ltd, AIR 1995 S.C. 2200, Analyse critically the guidelines scribed by the Hon'ble Supreme Court in this respect. 15 2.foy ae ‘sts Ba” a sfeorar fa | wry es H sw Gea AR ne woffa aah See | Define the term “public servant’. Also discuss the reeritment procedure of public servants in India. 15 F ongate ate Tome st seme -foin—wies AY Serbs anit ar ode Afra ste afaeae ore \ Examine and elucidate the constitutional scope of the Ordinance making, power of the President and the Governors in India. 20 3.00) fie Fie af i gears Sam ath rie we & nis ach me ne at A at-ret @ | vig fn a, Fro soft Te sreta—a-e sere oe, ae a tk ve fart a, A at ah P| aoe ge fie aa ‘frost ak ‘sftes Proet & ey H avtag we we nies a wee | en oom wee a me E 1 ATR |A tékward class cannot be identified only and exclusively with reference to economic criterion. A fecal clas ay, Gents be Gp MIE e-em, rR RP reference to caste. There is no constitutional bar in the State categorising the backward classes as “backward” and ‘more, backward’. Do you agree with the statement ? Give reasons. 15 3.6) ‘Sep fetertact en oeed #7 etary ber ee mee eee ae ee A eat Steers ae at A | ‘What is “Public Interest Litigation’ ? What are the major facets of this form of litigation ? Also discuss the limitations of this type of litigation. 15 4.00) ‘Sftart af’, “setterentt afes’ stk ‘freret ore" At afome fifae ote we Sts Blea Aifhre | serecr Sa Sire | Define and distinguish between ‘Constituent power’, “Amending power’ and ‘Legislative power". Give illustrations, 20 4b) ar me see Amen @ fh “anit a see ore & afar gre ete ate ar as ee |” arp sede ate fetes GP on sea we ge, eee al Si | Do you agree with the statement that “all human rights are fundamental rights protected and recognised by the Constitution of India”. Discuss with reference to statutory provisions and case laws. 15 4(c) 98 65 3 sea & eft a fee ae , ae aa free are a, aries Homes & afer as ada inter fie om GB & ater x et GAT | Enumerate the fundamental duties as provided in the Constitution of India. Also discuss the rationale behind the imcorporation of fundamental duties in the Constitution of India later on. 15 Gs ‘B’ SECTION ‘B” 5. frfofan 2 wets & sac difsm, a vote amet 150 adh Ht: ‘Answer the following (each answer should be in about 150 words) : 5.(a)_ stated alts 3 arcs Fc act fry irra A at fee ore are a eae aT ae a arise Reord fang rarer & BE ar | erate afartegia arm F steieste PAR Setter, eee, afr ate Satter at daar Stet tec | It is impossible to fix a precise date or period in history to mark the beginning of International Law as it predates recorded history. Critically examine the history, nature, scope and relevance of International Law in Contemporary International Society. 10 (oy aah ea ERI esa aeaatea (SaRtafea) waa: wer az BA oe a, siecle fa we ct ae aT ag otto faa ach Sj Css afiratien’ fh ght ste ea ( a) Pret AoE “Prevention of Corruption Act, 1988 is an important legislation to safeguard democracy c in India,” Discuss, 10 Q. 22) rae acm ara wae & 2 gaa Prof PF aa srecfis wafeale a1 afseac Baar ac What are the constituent elements of crime ? Elaborately discuss mens rea with relevant case law. 20 Q.2) aah veh # aie S wet Gta ween) veil oe arare ord @ AT waar rar) ae sh ge Ate we ate afta St we) Var raw 29 fae PR oe ee A A 3 afta wax a1 sor fear ax sae qe ae uP tell 8 ada ig wr aem fea) wa sOem & ue aifaa far Pe qe wes ais we acm A ei vate feat a ema 8 Ad aatis aes wm Ba Fe)« iis wife by Kicking her repeatedly on non-vital parts of her body. She fell ‘and became unconscious. In order to create an appearance that she had committed lide he took up the unconscious body and thinking it fo be a dead body hung it up by rope, The post mortem examination showed that death was due to hanging. With the help of decided cases determine the culpability of A. 20 Q. 2%) “Reade sta ats or ghor svoe A AEF ot eam, ae gee oa anf A & faq wd oe a at wre ate pelt AP “The abetment of the illegal omission of an act may amount to an offence although the better may not himself be bound to do that act.” Explain and illustrate. 10 Q3@) “safe =m atk ea ft Rea oooe & Ray eae: Adar a an aa 2 WG ae Seeva FS oa AF terrae ste se FI" Profs Bf A wera 2 were) S Se 30s 3 ahs caret 8 ao sherpt gar a FY eS ee Set FS oe see @ wae E 1" THAT “Distinction beiween 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 Q 3) Se Fria axa & fee Pe ar arent ster ® fq wr ates @ saat ary oe Pa sor aa 81" fae fife ax Pei fie a ded Afar “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 somgd ait gar aoe vou der # geaea anew & Piety # wee geet a oa 2, cert wh sasefee watt & fare gee ae voter we ee Pot maT Bere “Although the decision of the Supreme Court in Kasturi Lal ». State of U.P. has not been overruled as such, yet for all practical purposes its force has been considerably reduced.” Elucidate, 20mrundal. sats strehSeetaacaditen ince ce we yet Fe oe ad wet att wile Redes Bagi’ a go Pita a gs ae fea at are cor Pitan fears ee sof @ AAS wean Ah wat cet aoe aT Sow ate wh wow F ste A seh ag A ae) Ro a ce oe oF aE ET & D& art amy at oe afer wore faedta ate at fet it Perera & ambit wa @ ate ze Revies # san Fo dey Fo am owe A Pra ae A 81 ort vel wat ay % fee 75 are wd A a eee ge A A outem Wa ofan aie fel sade da at aftenfter ve DA aft at ate att ag eter a aa aT ae A fea, Prefer 1 W, wife of A was diagnosed 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 Q.40 “ATER & sug 4S wh amet Fae oem Ae ah A at A ne ar amg ae pein aR “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 wet SECTION—B Q.5 Prafaiea wet F sere Gf, vt were 150 wed @ afew FH a ey oy see B aa % fafa oridt six fatftar amet er seta afta ‘Answer the following (answer to each part must not exceed 150 words). Support your answer with relevant legal provisions and decided cases : 10%5=50 Q Sc) “ae Pe afer er oir Frat war A, a fae ware wo fH wet ae oT aT are 8, aftrer ver Gat Rei AH enie we Rar oe Ra aft a oa we fT eT ar sraea mar a ene wifey ste AE ara qaerh Gada) F oT F He TROT fe a ae fRsie we wef aCplain the above statement and discuss the principle court follows for assessment of 1 damages. 10 Q 5) “wea athe afte S weet ak acct A Agile $ fee aie ote adat =e & ad a ape Fa S fy vege A ae Fr Reh aC “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 4 up tates BES oo, eee vast A, aoe ate qae sites, ania sem ® gra até Svea Fo eels Pea Baa A oo Aa Tea gy oh, aftried Sten 21 eee aT) 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 _ Acbis i mn Act, 1996. Explain, 10 S awe 8 ate Sa’ 8 ones secafter’ ae enhadt A aes ere Sat 4. Reta ore (a) Bitead ar vftmm #1 Berea ere ART ‘The actual concept of partnership from ‘people sharing the profit’ to ‘mutual responsibility” Q 5(e) ‘was the outcome of the decision in Cox ; Hickman case. Elaborate, 10 “qe $ aft wa-wsic an aftes, wre she orga fa me ao a Sisre, Te sé at 21° aren ane ee ere FRI “The liability of sub-agent towards principal is not direct, except in case of fraud and wilful wrong.” Explain giving reasons. 10 twa we ef) a a weace 4 vege fer fh A Batt Cord 4 Peas at ae wa or ate aah mare Pe QA Fad F fee onaaT fT) weg, oer FE wt & wa Renal 2 sftada Bre wei aa Pate Qa faq me aed ore we atta @, or fe feast Bo cRada & aren a awicg we wt oth ? wal fe 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Q Of a ton Be ¥ 6 1,600 anftee a4 ot frgaa 2, # warren (qs aeae) F fie p aiy (witeet) tar &1 we da AAA Fae va Ge A Ree Re Ros ont % @ 15004 afte tat a ctor wc 8 Ro oe ae 21 ee a aA Seam oe ort 2 fe a’ ard safe F des, aad a sea (risers) aa ei 2) sie RR ah, vey Fea a, oa am aiftea 8? 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, it is discovered that B fis been misappropriating cash all through. What isthe liability oF A as surety under the Indian Law ? 20 ; ane 9 sarees varieita @, sags saat aiefte 1 te area B are wear set fear sr ac @1 gat war %, gal afay fe ser fam ee ae aah dar wt weer eel att ate sitar et vate wt a we aa 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 - Q.7@) atuge sae, dee, fier Prefer a after 8, at anh ame ale Foie Sal Gh Fa Gar fer 21 aries F afteias, Rasa died a asia siete, a ak BR FS aa wien see at qe ARC “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 “ste maa’ & fieie 4, ar fe seaey areey 4 saat aieeita fer 8, art F wage dean & we sare # ake a am fet 21" aa) AC) The doctrine of “Public Trust” as propounded by Supreme Court has worked as an instrament for protection of Environment in India, Discuss. 15 Qo setam Hem A Reaches Pie 8, Fa ge @ EPs treed) & fae AA al ere ATT Explain the scope of rule of “Caveat Emptor” in the expanding law of consumer protection. 15 mrunal Q 8@) Hees a ect a sitar’ oH te after @ fee ste ad geet ae ay Tat @ mem & arte a wae wor 21 ape aT! “Right not to compete” is a right meant for promoting business through small groups called firms. Explain. : 20Q. 8(b) wii sar We eel ReRtema# or atk 4 is a et ol Q 8) mrunal. art eet F Rom wh 8, RF fee ore Prater for mr any Roh arg, “By and large Lok-Adalats have failed in achievin; 1g the objects for which they were created.” Comment. And also suggest some measures to make this institution more effective. 10 SRK atcha Ue Gaatead saa amrafts art Bi ames, awe & Pr aes AR wre wai Saher FAG, wgeT STR ee Tre eT Mama Prenat oT) wal atfae Cyber-terrorism is a well organised transborder criminal act, hence a combined domestic law supported by @ Global law may help to address the problem. Discuss. 20 rae | a aly ven halt wer