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    law....amu

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    © All Rights Reserved
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    7 views12 pages

    LAW - II Main 10

    Uploaded by

    faizankhan1793
    law....amu

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 12
    Serial No. 0401 C-DIN-K-MBB LAW Paper—H Time Allowed : Three Hours Maximum Marks : 300 INSTRUCTIONS Each question is printed both in Hindi and in English. Answers must be written in the medium specified in the Admission Certificate issued to you, which must be stated clearly on the cover of the answer-book in the space provided for the purpose. No marks will be given for the answers written in a medium other than that specified in the Admission Certificate. Candidates should attempt Question Nos. 1 and 5 which are compulsory, and any three of the remaining questions selecting at least one question from each Section. All questions carry equal marks. e orgaait ar fei eaeat BH wet # rect 78 weomes CS (MAIN) EXAM, 2010 SECTION—A Answer any THREE of the following (answer to each question must not exceed 200 words). Support your answer with the help of legal provisions and decided cases :— 20x3=60 (a) Distinguish common intention from abetment and criminal conspiracy, (6) “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. {a} “in order to constitute a public nuisance there must be an act or an illegal omission, and it is not necessary that the act should be illegal.” Explain the offence of public nuisance with the help of decided cases. 20 2 (Contd.) ase Boatfee 2 @ fed Aa Ss sae HR ete TET ar vat 200 Te Bowe TH AT aAeE) HIT TTT aa Rite susat six BEd Sa st aera @ sys aire :— 20x3=60 (&) era sre ar gee ste sora seria a @) eo ) @) fatea ATI ‘gaa vere a afte daa wrt # ee A saws 20 wal HRT “ aaAaia-fre data ar sides Ga TAA Sacer adi at 8, at GE are GTA aT Fen A set a ami? wat afr sad yar (ty set aifaez) & Reis ve oral AR) sa & ProkY Gat) a van AKL “an sya nfsa eed # fe fet wed ar ar fed atu aa aT SAT sages @, SC ae HTT aay 3 f orf ata & dar weg are -qae S ggg wm, Area Fat aA aera a, TIE aT 1 20 3 (Contd) pe (b) (©) ‘A’ and ‘B’ were both security guards posted out- side the home of a 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 the 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 and pacified both of them. Both lowered their weapons respectively, The moment “B’ noted that ‘A’ had lowered his revolver, he immediately fired at ‘A’ and killed him. 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. Advise in the light of the case’ law on the subject. 20 Discuss the law relating to criminal intimidation. Refer to case law. In what way is extortion different from criminal intimidation ? 10+10=20 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 4 (Contd.) (@) w ae ‘er’ aay detest et ce afte a 7) after ft a & ae & see dat fe wT ar RB rmet UH GET a TTT Gg AF aS TA &) ae ater F as ue sas Sra Fergal w Rreat arm ot fe ay A ahere H fee aed ue ar wet F1 sah ected Gas se eres BT wei at Oh A gee & arrft-arft Raredt oH get re a &) a ae are Ht emt oe OT, 3 de-aaa Pen afk oa art at aia Prov at 3 aw sere Te ae fea aa A ‘a’ F ar we A ach Rares A ar 4 2, set ged wove met wer A ste see aT a AT fart gaan we ae a’ aT Beg ar dette Peay Te) Teg, ole SET TR, SET Fae AT HCA eAT BS afta a we a aenpt we fart wer FT gual sea saa F Pri S few, cea wT Hata & fee ort a 81 ea fase ae Prof fat & gar F ame aie 20 amratia aftiara & date fate oe wat src Profs fafee ar garer die: versa fee gare F amaftrs afrara &@ fea erat @ 2? 10+10=20 (*) geg es RI am, ‘ga wr A gdaom Ree’ HY aaa & fea geace -arorea 2 Fo otter frafite fen @ ? am ge aa fam wt ae 2 fe arg ds feel of Reefs X wars fees gar B ? 20 5 (Contd.) (b) (c) (d) (a) Do you find it is necessary to convict the accused both under Section 304-B and Section 498-A of Penal Code ? Refer to recent cases. 20 Mr. A, a chronic heart-patient was drawn into a political debate and in the course of arguments his adversary looked at him fiercely and said that “people like him should be hit till they are dead”. Hearing this ‘A’ suffers a heart attack and dies on the spot. Discuss the liability of his adversary. Argue for the State also. 10 ‘A’, a minor girl leaves her parents House because of ill treatment and lives with ‘B’, her friend. Can he (B) be prosecuted for kidnapping ? 10 The editor of a weekly published a series of articles directed against the business of the plaintiff alleging how the wealth of the vast empire was built up by having recourse to the unlawful and questionable means involving tax-evasion, import- export rackets, foreign exchange violations and how the investigations into the operations of the organisation were bogged down. In an action for defamation, the defendant put up the defence of fair comment on a matter of public interest. The plaintiff brought evidence to show that the defendant had to tender an apology to the plaintiff in an earlier defamation case and that the present publication was motivated by malice. Discuss the defence of fair comment in the light of the facts of the case. 20 (Contd) (@) en ary aRgag Hh es afsaT A are 304-<1 site art 498-0 at AS ay Tofs He was ae 8 ? wea S Fal a ear HRT 20 "oF ee Oh, ue Ure ae-faare aa ax aaa ® da ves vices 4 yee Foe we Ber ate eT fH “ory Be a a ge ge an ust alee ae oe AT OT vow qa ew R Ea ue wT AT ust aie ae wai cua ae Ae oT Sas Tied afer ae wef aire) asad a ate 8 A aa AR 10 (a) GH se asat FH’ gt wala FB re ey Aree Bu A ds a om fa a’ FR ay wi 2) aa oem wh faq seat (a er) afta fear @) a a Hows saat an way () apne, Raat yar afar wea Se we asc met ar soeet fea war & arta % feet ararsg & oa ar Prefer fara ar ar ate fe erot (b) (c) (b) fe) (d) 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 Discuss the liability of hospitals under the Consumer Protection Act, 1986. Refer to decided cases also. 20 SECTION—B On breach ot 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 The very 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 What do you understand by a Promissory Note ? Discuss. 15 Mere cessation of trading does not result in dissolution of a partnership. Rights and liabilities need to be settled between the partners. Explain. 15 8 {Contd.) (@) BF seh deft ar wetooe RA ee wave gar @ f& see orem fh oa ah eet defy ar gaa eet 8 seer + ati aig fhe oh aewnifere aga aedra wet at wa dae A fate pr cose pire | 20 (1) sustaa arent afafion, 1986 8 aia sean & aero wal A: Rea Fa ot gare At AR | 20 aa (®) afar we daa ad afi aqua a of wedi 2, AR Sfaar es FB gag Aa) versa F or F et maf afer 1 15 (a) vie, Sy wr aach sev A fae a oo 2, ufe aaa # faq viay & fee soa ast geal eer sages ati wie at Saar at ease aac 1 1s @) aT aaa—va (Gira Ae) a an wad @ ? wat aera t 15 wer ae aaa sate ar qos anid aw faaes et aar 21 softer & dre afer ax agai or feera-fear wear saves Frat 21 TARE | 15 9 (Contd.) (b) (b) (a) (b) The Competition Act is designed to prevent monopolies and unfair trade practices against smaller competitors and consuming public. Elucidate. 30 Public Interest Litigation has been a significant tool in protecting the environment. Discuss with the help of cases. 30 An impartial and independent conciliator assists the parties in resolving their dispute amicably. Discuss the provisions of law relating to conciliation. 30 Distinguish between ‘Foreign Award’ and “Conventional Award’. Discuss the procedure for the enforcement of ‘Foreign Award’ with the help of case law. 30 Examine the legal recognition of ‘Digital Signature’ and explain the procedure for its registration under the Information Technology Act. 30 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 and the defences available to the opposite party. 30 10 (Contd.) () vieain afePon a ote wf sh gaint ome & ee Uta ud arnisa erate arent A trp H fee sara TT 2) wT ae Ht enega Gere arc 30 (@) ote fea qeatanft cafaen a gem ey Fo uF meray ae

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