SI. No. 5 Av C-DTN. Time Allowed : Three Hours LAW Paper II 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. ) EXAM, 2009 Maximum Marks : 300) cara & : srqeeit ar feedt Sara Fa IRA-7F & feet TE Kore!Section ‘A’ 1. 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) ‘Although the requirements of mens rea is general throughout the criminal law, there are numerous exceptions to it’. Explain with illustrations. (b) ‘Necessity knows no law’. Comment giving illustrations. (c) ‘Volenti non fit injuria is a defence for liability in tort’. Illustrate your answer with decided cases. (d) Explain the ingredients of “Innuendo”. What is a plaintiff required to prove in order to sustain the plea of Innuendo ? 2. (a) Explain the ingredients of the offence of criminal misappropriation of property and distinguish this from criminal breach of trust. A sees Z drop his purse with money in it. A picks up the purse with the intention of returning it to Z, but afterwards appropriates it for his own use. Has A committed any offence ? Discuss. 30 C-DTN-J-MBB 2 (Contd.)aus ‘a 1. freaferiars # & ferret ate & oer afore | Ta 200 rest & aftr H aet Sra are | fairs soaett site fafafeaa sat ft aerzar & aay sax At ghee Fife : 20x3=60 (@) ‘aah aretcia arvofire fates 4 Aer feat Ft areaaa araret art @, aati gaa ata waara sit 2 | sarexor Fer aa EU BAST TTS airfare | (@) ‘aaa feet ft far at aet aad’) saree At EU, sea ara Ye fecauit fara | (a) ‘araet ate fee Sahar ages F artes & fore er ofezen 2” | fafattaer Sat & sarecot & art at Tae HT Gers Ate | (4) gia”? Be ameay Bt eee Hifi | eae aftarg at aang cat & fer, arét at aar fare ACT asa Bla S? 2. (&) dafe & anvefiren starr & arora & eaeat at ere Afro ak sear arcafter aresit & farten Aifrg | ‘a’ Saar @ fie ‘a’ ar ager fix ast & aie fH sat da ot Se’ ser age at a’ at atest wre & sor ae @, Sfeet are F, aaa ees fora serant fara fora ae erat @ | sat ‘a’ A aE arava frat & ? wat Are | 30 C-DTN-J-MBB 2 (Contd.)3. (a) eee (b) Distinguish between culpable homicide and causing death by rash or negligent act. A, a woman with a view to Poisoning her husband, administered to him a substance which she believed to be poison, but which in fact was harmless. What offence if any she has committed in this case ? 20+10=30 “A statement made in performance of duty is privileged’. In the light of this statement critically examine the tort of defamation. X the famous writer amd art critic while criticising the paintings of Y the famous painter, wrote in the newspaper as follows : “Mr. ¥’s paintings are pots of paint hurled in the eyes of the public’. He afterwards wrote to Y saying that whatever he had written had been said by him in the course of his duty. and hoped that he would not allow this to interfere with their friendship. Y replied and said ‘Next time I meet you, J shall punch your nose damn hard. T hope you will not allow this to interfere with our friendship’. What torts, if any, have they committed and what defences are available to them ? 20+10=30 C-DTN-J-MBB 4 (Contd.)(@) arrafite arraae at garrett & aR aT SaaS ard & arr yey antics axa & afte tea Afr | wart of at wee at cht fe & ue afger ‘a’ + Seant ven tar gare fare fer fear frre ae wee * amadt ft, afer sit areaa # aera at) ee aaa A saat att at aoe fenar @, afe arg fever a? 20+10=30 3. (a) ‘adder & aque & far var ae fasterftrare ure gat 2” | ga wat & gare A, area Tape HT TATA ATS Teter Si fSTT | ump afta tae sik ert anette ‘a’ A ue ofere fara ‘2’ & feat ft aera acd ee ue aaa a freaferficd ferar : ‘st 'c & faa aaa Ft atat A aie gu ait Sfeeare | sahara ae afar ge at geet ferat a ae ara ancien & faces & ater ferat ar aitz f& ae ane axa ar fe eae aT wrt cect F arg weet wet sro | ‘2’ A Taree fear fae ‘sre atreit are freiat car A Geert are aT Sie & Aer are | qa are @ fe get H sre aT BAR dedt F aera wet Tse SA’ | SA ata & att & org fenu @, afe fac ef at, alt sa ait at ate at ofacerrd saetrea & ? 20+10=30 C-DTN-J-MBB 5 (Contd.)(b) ‘A master is not responsible for a wrongful act unless it is done in the course of employment’. Comment and explain the circumstances when wrongful acts are deemed to be done “in the course of employment”. Refer to decided cases. 30 4. (a) “The enforcement of any disability arising out of untouchability is to be an offence punishable in accordance with law”. Comment upon this statement and discuss in this context the scope of protection of Civil Rights Act, 1955. 20 (b) “Damnum sine injuria and injuria sine damnum are two different principles of law”. Comment briefly. 20 (c) List briefly the procedure to be followed by a District Forum on receipt of a complaint regarding defective goods under the Consumer Protection Act, 1986. ‘ 20 Section ‘B’ 5. Answer any three of the following (answer to each question must not exceed 200 words). Support your answer with legal provisions and decided cases. 20x3=60 (a) ‘An invitation to treat is not an offer’. Explain. (b) ‘An attempt at deceit which does not deceive is not fraud’. Do you agree ? C-DTN-J-MBB 6 (Contd.)(a) ‘arferes areqet arf & fee aa aw firter vet Sreré, wa ae fi ae ard fate & aera fora war et | fecquit Afra ait oa oheferfeat ar array f& Brat drerqet art ‘Prats & ek”” feo ae art are | fafafsaa aracit ar sare air 30 . (a) ‘“aegeaar & Far St areit feet vit sara aT yada we ter sore ara som, ait fates & argent Seer Str”” | eet seer Ie fecaoit Are ak wa det 8 fafae after acer afer, 1955 at ofefer oe sat Afar | 20 (@) ‘‘faret erfer 35 erie site fare erie & arfer farfer & at fa faaia 2 1 daa F Row Aferc | 20 (a1) sosirar dizer afirfan, 1986 & ait, areqof aret & deter & farenrae St orf ox, fren ae art ager ft art aret arifafer ar dar aiaa ftfirc | 20 ave‘a’ 5. Preaferferet 8 & ferret tte & sex aire | feet vit get at Sax 200 & atftras great F vet err afer | fafa wraelt att fafateaa set At aera & sat sax Ft H 20x3=60 (@) ‘san an ter gare sit vara & aR, aoe aet Brat 2” | sar ary Baa Tea S ? C-DTN-J-MBB he (Contd.)6. Te (©) (d) (a) (b) (a) “A cheque marked ‘not negotiable’ is nevertheless negotiable”. Comment. ‘A quantum meruit, although a quasi contract, arises out of a contract’. Comment. “Information Technology — brought about by Computers, Internet arftl Cyberspace — has posed new problems in jurisprudence’. In the context of this statement, critically examine how far our existing laws are deficient in meeting these challenges. 30 ‘The essential characteristic of an agent is that he is invested with a legal power to alter his principal’s legal relations with third parties; the principal is under a co-relative liability to have his legal relations altered’. Discuss. A enters into a contract with B to sell him 500 bales of cotton and afterwards discovers that B was acting as agent for C. Who is liable to A for the price of the cotton? 20+10=30 ‘As an agreement is an essential ingredient in a Partnership, it follows that a minor cannot enter into an agreement of Partnership’. Critically examine this statement and discuss the circumstances under which the Indian Partnership Act permits a minor to participate in the benefit of partnership. 30 C-DTN-J-MBB 8 (Contd.)(a) ate fare oe ‘acre’ fale et, ae ara ae ‘acre’ Star 27") feoquit Arfre | (a) ‘fererat aera gerat art Gert aref-afaer drat @, waft ae afar & et tar ata 21 feet fifere | 6. (%) aa CR ee ite went + fafa-smet # a€ arate ast ax ct Ve wea & ded 4, ener a ater afore fos ea aeitfeadt ar araar axa XY eat - farerara farftrat fone dar aap arqt & | 30 (@) ‘fret asic ar aera afer ae Star 2 fe re aafteat & arr ara arfers & faftrs daeit # oftada act ft vat fafeer afer faffea Brat 2; arfere ae fate deel & ahada F us ae-srafite after & seit erat 2” | aah tfc | © ‘a’ saver At 500 77S ‘ea’ ct aaa & fora ‘a’ ara us afaar at erat @ ait are F ‘a’ at var sort @ fr ‘a’ dt ‘a’ & us Wie ak KK a HC TNT AT | Hae At Sera & ferw ‘ae’ & afer att RTs? 20+10=30 7. (&) ‘af eax anitert 3 us sears aaem Stat %, ae orf fener @ fee states ates aiitandt afaar F gaer wet ec awa 2 | ga aT aT warirargter atten Aire site ga oheferferat w vat ff fire ate wedi anit afaftaa, aaqen oft at unfiert & art & aurftrer Stet St aquifer Sar z 30 C-DTN-J-MBB 9 (Contd.)(b) Explain the concept of ‘Holder’ and ‘Holder in due course’ as envisaged in the Negotiable Instruments Act and also examine the privileges and protections to which they are entitled under the Act. Illustrate your answer with decided cases. 30 8. Distinguish between the following, citing relevant provisions/case laws. Limit your answers to about 200 words each. 20x3=60 (a) ‘Contract of indemnity’ and ‘Contract. of guarantee’. (by ‘Specific offer’ and ‘General offer’. (c) ‘Sale’ and ‘hire purchase’ agreement. C-DTN-J-MBB 10(@) ‘ere’ att ‘were saat are’ At dpe wt, fire gare & ae Torre fred after # afer @, arerey sit oa faaterftenet site qeansit ar acter chiar, Sires at afters & srefte exact Bet & | fafaieaa seat At aera & agar sax ferfarc | 30 8. mrifie soseit/aa fat ar sae 82 ec frafefaa & ata frter Afi | at gets vac at 200 areal ft ater & stax fare : 20x3=60 (&) ‘erferghet St afarer’ site ‘meet Ft afar’ (@) ‘“fafitse gearear’ ate ‘araer gearaar’ (a1) ‘fasea’ site ‘ureter’ ae C-DTN-J-MBB llaea-ua I aaa : at roe quite : 300 aaqaet geter oer ferdt site afitait at F wae | geat & vax sat area # fra art afew rear sete ares sae-T4 F frat Tar 2, ate BT HEAT FT PTE TOT TR TTH qa-ge 7 sifma fais ema 7 fear ora | afer | Tas1-74 7 sheertera area & arfaher | rer frat area F fora 1 FIT aE et fret | ger dea 1 aie 5 atfraré & | art eat aera aus at ara Ter TeT Ta fare ata goat & sax aifre | wat weit & aie TAT e | Note : English version of the Instructions is printed on the front cover of this question paper.