CS (MAIN) EXAM:2018 seRCcEA fafa: (wa-aa-1) we ee satire STH = 250 Waa aera fag arqaat (ara ed Refers ect a geen arate 8) came) A get ae sa fee ay Boh FeeN aed otito Sl A wR) aetean a ga via wei oa 8 we ten 1 ott s afar faa ah eh a a rete ae 8 aH-a-am mm oH Gee ie aed 8) sede rea /era & fire faa ote se ara fae ae € wel} oe af often area 4 fred a site, een see arg wana 4 fen om &, ste ee Te TE Bas wean (ae the wo) gar} gaye % aifea Ake ee Rem ser safe) megs To safes aa Feet sere 4 a rm sac AHP is aed BAA sei a me ater, at sige &, At ae oor area wall & yard A ern eee A ach ots ey B fe ome cea see) ara ey are ale za er a men Q) we-we-set yer a are BE ave aie yw sme gw a HIM a le: A LAW (PAPER-II) ime Allowed : Three Hours Maximum Marks : 250 QUESTION PAPER SPECIFIC INSTRUCTIONS (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 to 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 question from each Section. The number of marks carried by a question/part 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 a medium other than the authorized one. Word limit in questions, wherever specified, should be adhered to. Attempts of questions shall be counted in sequential 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. £97-D-aw{6 1 [P.T.0.wavz—A / SECTION—A 1. Pafafad wee a eee eee 150 wed # fen Pfs sae a softs fete a aeren & set car a anda orf Answer the following in about 150 words each. Support your answer with legal provisions and judicial pronouncements : 105-50 (ep “ean se 28 ty “ee ye fore a Bo fre fa! area: fhe eH PST ey Sieg fea! a ate af Rees ey we | ais awe lt oll & idea A ifr #2” aes a) Paras 3 wal ih safer Foal & ones @ ee AR) in general and the ‘Common Law doctrine of ‘mens rea’ as an independent dactrine in particular are relevant in the interpretation of provisions of the Indian Penal Code?” ‘Explain the above in the light of juristic opinions and judicial pronouncements. (b) rerio green & aeafee fai fees er amretrearere sf He geaeh A ger 3 fafreaer Og ory fae vite sh atten 88 sfc wi? ont om & form aro wae FAT Critically examine the development of the law relating to remoteness of damages. Which test do you prefer for deciding the question of remoteness of damages and why? Give reasons for your answer. fo) Sen aM 7% na 8 ai ng Tew otk oEEEN-ay & wonfe-faltre, Farman sin weike wee Bom A wea EQN any see aero A were whe | ele wea (em eles anes) war ary we (2018) 8 ea Prem we PeareE at FP aareeTerE eeqoh fara In view of the consistent opinion rendered in Aruna Shanbaug case and also considering the socic-legal, medical and constitutional significance of Euthanasia, do you consider that the view expressed by the Constitutional Bench of Supreme Court in Common Cause (A Regd. Society) vs. Union of India (2018) is conclusive? Comment critically. (ay “sepa FAR eT ais ard AG) A meio cer ee ae aw Pore F aeerH feRanre yb se Font she seat wea nga oe rope Pat A mae ae FT a GR a” aes er on A, orp PARE A eA oh Fee A rn AAR he si ae A aera 8 aa see A aeghe AP ara Ah ae 4 fer =n Pasa Fifa “The paramount task of the law of torts is to pay an important regulatory role in the adjustment of losses and eventuate allocation of their cost and that until the emergence of the welfare state, the law of torts provided the only source for alternating the plight of the injured.” In the light of the above statement, discuss the nature and scope of law of torts and substantiate your answer with leading case law. Also discuss the position in India, EGT-D-240/ 6 2fo) Te wr A ag ata 8 A de va ee aie aA arfteen oma stk frou eee 7] aeaita adi @ aac 2) afte =) Peers a areas we a seria een arfee, fe 7 aera mee sqeht era al afters en, af ae spe sf sel str smear A fee a afin wean ata wa sea ar ea Teer 21" age afore = fee fats ceed sin safes Fela ancia 4 ere ifs “Right of private defence to the extent of causing death of an assailant cannot be based on the surmises and speculation. The accused must be under a bonafide fear of death or grievous hurt would otherwise be the consequence of the assault, if he does not defend. To determine the existence of apprehension is always a question of fact.” Explain the above proposition in the light of existing legal provisions and judicial decisions. 2. fa) ‘smeta evs viféen 4) arer 300 (4) 24 See A ery eh, wel age row afte A eg A shee 6) ererifes Friern a free Semi” sds 9 A tere eee “Section 300 (4) of the Indian Penal Code will be applicable in cases where the knowledge of the offender as to the probability of death of a person approximates to practical certainty.” Ilustrate the above statement. 20 fb) ‘wea a ceri A gia ae ete’ (Sterne Fi ate “ate aia Fike gait") A caren sFifary) en afer wr arr aan ahfem sart ohh went oom eh are ae RP nA ge A afr ufeTeal vaftia Pe Explain the maxim ‘volenti non fit injuria’. Is the knowledge of risk not the same thing as consent to suffer the risk? Support your answer with judicial pronouncement. 15 fo) SAP (vy 3 wa ates Oe es ores Scars See eR A Frere Ge a a Fcta ivan) rage oe anew safe A, aoe saara a are A, gel-Fahfira atoy 3 aaa fran age A wp aiken gee 9 aye a mE Peat ty eT gry aT ‘af wie & cafes ar apr ae marsa sree amy safer Beye a Faeafenfre eect 3 sarmafies erica an faferca fare : (Fase aeer ah a, oe Beets Wy 8 aetna Pee a (ey Brea to fen ot (ay setter wees, Pra to A sree AA yh Gah ah ‘A group of persons decided to act in concert with common intention to commit rape on victim (V}, More than one person from the group, in furtherance of common intention, acted in concert in the commission of rape as per pre-arranged plan. One lady member of the group facilitated the commission of such rape by many persons of the group EG7-D- LHI 3 [PTOThe essence of liability in such situation being the existence of common intention. Decide the criminal liability of the following members of the group : {) Who were members of the plan but did not participate in the act (ti) Who committed rape [iéi) ‘The sole lady member who lend full facilities for the commission ofrape 15 B. fa) we Safle Anta a um op Steel ae ar Paola ferary & Sense fare are, eae glee eet 2 ru sah a ph arr eh) gfere wer cher ae oe aa Be wee (XY FY at, SY ae Oa A are Sa aT eee CET aT, HN ere | ea gee aiken A MISH 391 ote 306. ween a a a ew aro Hh ve eo & fre aries See ify Six people decided to carry out dacoity of # bank in a village. They went to the bank to commit it, but were intercepted by police, All of them ran away. While the police was chasing them, onc of the dacoits (X) killed Mr. Y, who tried to ‘obstruct his way, Decide lability for the murder committed by onc of them in view of Sections 391 and 396 of the Indian Penal Code 15 fo) TR Ranh sea Bea tre Petar & dro fee ae av we fre seer ra A” A aT ea 8 oth fats aa rea aithes ee fare “A master is Hable for all acts of his servant done during the course of employment.” Explain it in general and from Indian perspective in particular. 15 fo) re Pa we were we gaeT A GA A SI OK WERE ag Pian art A sofa A ares dren @ att wee orf st geet pre een 21 cite Sas A eae ohh ag ee, wa che dan at afica ft gif wear ate fare @ ety aa: BA aie A ave 8 ach amd an FAG wh eee Wor Be FF (Re To THT FHT MIR Za APE (2006) 8 SCC 693) eum fren Corruption by public servants has become gigantic problem. Large-scale corruption retards the nation-building activities and everyone has to suffer on their count. The efficiency of public servant would improve only when the public servant does his duty truthfully and honestly. Therefore, in such cases, it is difficult to accept any plea of leniency in sentence (State of MP us. Shambhu Dayal Nagar (2006) 8 SCC 693). Comment. 20 4. (a) ‘une 3 sfirare aah eee 2, wei a Se aoe | art eto 2a fe or Fan 39 8 ae rare A tate | ge mah oe aie 2 fare ye fee gee ee sere ies @ after Rena 81" ofa sree era saan 2 te se a ita fae et -aaretraeren Pare Siting a ae, aR AEB, fare ara ora aA EL “Plea bargaining in India is the truncated one, as it is applicable ta sentence only and not to the charge. Equally it is a court-monitored procedure, except that it provides @ clause related to compensation to the vietim." Critically analyse the retention of such provision in the Indian Criminal Justice dispensation. Also suggest reforms, if any, you understand are necessary. 15 Sg7-D-L40}6 4fb) “tHe Whe tem eer eer da 8 edhe career aro pi fra an fram winter flee or gar 1° ae ade afte 3 fram oe far sen we quR 8? feeh Aa “Rule of absolute liability has been expounded by the apex court in M. C. Mehta's vs. Union of India.” How far is it a reform over the rule of strict liability? Comment, 15 fo) “areca ave: fen A ur 304-A % stents, we Peters & srariten afta & Rete & fem, ae fire sen srawae: @ fe fafnrrs & fares A eh fireraa fa sorsesa aT aden A Ter Pee itt a fer Se este aa Th, fae Teh | ofa sa ql serie & form eee wn aa) ‘Wh ih Stan ores Ht aves 21" gene =nfeer wfvarett % arene #, sees ee wh ere ahaa “For fixing criminal liability of a doctor under Section 304-A of the Indian Penal Code, it is necessary to prove that the act complained against the doctor must show such rashness or negligence of such higher degree as to indicate mental state Which can be described as totally apathetic towards patient. Such gross negligence alone is punishable.” In the light of the latest judicial pronouncement, explain the above statement. 20 WE—B / SECTION—B 5S. frafafan were a1 eet ere 150 wee) A ify) aogee fatten ered shy Pofia are A gene | are see wr ames eAtfare, Answer the following in about 150 words each. Support your answer with relevant legal provisions and decided cases : 10x5=50 fa) RR nRven meget Carat) aA at A Raed an gaa 3 fae weft Fer are Sik a aT aa Fra FRRAA oA, a Pee A, A ee ore sets ea AA Ree 8) Pte a A werent a ema af terse am are 35 oe te ere APL If certain goods are displayed either in a show window or inside the shop and such goods bear price tags, discuss whether such display amounts to an offer to sell. Explain the distinction between offer and invitation to offer with the help of decided cases, fh) aga era & onan a oe ite chem at rd Fane at ah fergall wt fee wen Ha 8) ar faget otk fae ven} geri, of aga wera a) seeren of sik Sand 6 fare’ ara wenia afta eet 8, a sare shia | In an action to avoid a contract on the ground of undue influence, the plaintiff has to prove two points. Explain those points and different kinds of relations leading to presumption of undue influence which vitiates free consent. £97-D-L40/6 5 [P-T.0.6. ) (ay fe) fa) () amie afar fates, 1872 4 unr 28 faites ardaried % arated peti et era aa #1 aan ya Freee ahd aryare 8? qehre srawrtt af Proer erat oA aera @ fesse fare Section 28 of the Indian Contract Act, 1872 makes agreements in restraint of legal proceedings void. Are there any exceptions to this rule? Discuss with the help of relevant provisions and decided cases. saa 4 ctefea qarataf (fie argo wee) ge ara aa hae Bae efatafeee ae A gan oT att Hh aarin 8, sr afafaiora a3 4 fara agp fh aE 8 af eat feat at of an ae & fea Aw 8) ua 9 cafes qaetanh A wine, arin ait gern % were fain safred o Rewh Fifer) Public Interest Litigation (PIL) in India, of late, has been used not only to represent the unrepresented and weak but also to advance the interest of others. Comment on the recent trends relating to the application, use and misuse of PIL in India. dif sam sari (de fe we) & wegen ot ae % agg, shhta eines fee arf oh far eed & ar gan 81 ana A sete phic & ten on Hider afefas, 1957 % 2012 5 diet & waa at se APL In spite of introduction and recognition of Technological Protection Measures (TPMs), the digital copyright continues to be unsafe and unsecured, Explain the impact of the 2012 Amendments to the Copyright Act, 1957 on the protection of digital copyright in India. “ag ach war qenftr § fe aie ste sa Acer een, aise era wn A are | ae SA A A ‘fem eran A ee Teas He ake a act 2 ae fer Tes A Ae sega: Bled EH ere ye Fhehe ween 1” heer ewe % ware A) feeder Ff) “It is well-settled that if and when there is frustration, the dissolution of the contract occurs automatically ... . It does not depend on the choice or election of either party. It depends on the effect of what has actually happened on the possibility of performing the contract.” Discuss the effects of frustration of contract. “alt aif cafts firen orton rom 2 fe oe feel sea or he 8, anfte 88 ard an squads sarc wan aol Pe ag al fae see nfs % fee aT a |” ards en % sree 9, fafa agenda % aarp crea) ote ae; ware a Pee Afar | “If a person falsely represents that he is an agent of another, the principal may ratify the act even though the same was done without his authority.” Discuss, in the light of the above statement, the essentials of valid ratification and its effect, EG7-D-teta]6 6 20 15,(a fa) fb) tel fa) “rarectia frame! oaietearieeh oth faenra % wea wa deren dascwen Bh ey A efi Fen way Roane F yale dea wah eal A cea ge fare Ay ara ste squats At ear Fifer ‘Sustainable development’ has been accepted as a balancing concept between ecology and development. Discuss the recognition and application of this principle under the laws relating to environmental protection in India. oR were A gat Get a ew HRs gy gaan 2a few, wast Fey A oe aM sar RU Sen oe ace #, at ae woe fers orftaH, 1881 A eT 138 % wed ta Be gi uadkia sar ot wan 9? arfufies A rast 146 she 139 H sels Saeeal Conte) faire: warkiia crits & Safer ohh facern fiir) If an officer with an intelligence agency of the Government receives a cheque for consideration on the basis of an agreement to pass on intelligence inputs, can such cheque be enforceable under Section 138 of the Negotiable Instruments Act, 1881? Discuss the scope of the legally enforceable liability of the drawer under Sections 138 and 139 of the Act. “Ganja gre owe 1a 3a crea ae) wre wel Bo frre fore hehe gaia & ara wea frame set al rerere fale A sere eet 81 ara A werd fete at ghee wel Ht geen shen arfeiaee, 2000 Ft sagen eer Aihara) “E-governance represents a new form of governance which needs dynamic laws, keeping pace with the technological advancement.” Comment on the adequacy of the Information Technology Act, 2000 in ensuring effective E-governance in India. qalt fafre ufsan tft, 1908 4 ut so faba rare 8 sega fafae fran % sees a are feet A orem Fai 8, aeanfa Gaees fears aera (ue fle ame) % sre B BA Feat ar sora sift anal wefia lal 21 Uo lo sine waferdt & aman @ fear & wera A seca & weil an arco Hie Even though Section 89 of the Code of Civil Procedure, 1908 provides for out of court settlement of civil disputes filed in a civil court, the impact of such settlement through Alternative Dispute Resolution (ADR) appears to be poor. Analyse the reasons for failure to settle the disputes through ADR modes mas &8 afte ih ween ween a waa aT A arrest 9 adi afeaf od &, afk gale, tat ‘difeerst A safe when oA aivran & fires 08 aon gaan & fea ft ean % fae snared 3 ye wes fret fi 81 aren ey afer Beas wea SH Sree Het ale A Se Ara! ‘The courts have found it very difficult to come to the rescue of the weaker party, to @ standard form contract, and thus evolved certain modes to protect such weaker party against the possibility of exploitation inherent in such contracts. Explain the modes of protection available to weaker party in a standard form contract. 18 20 15 15 20 EG7-D toto] 6 7 [P.7.0fo) svat sree FAR wer Preven, go aI A mages ar Oya BAB store, eeN she Feag Fran 36h chara a ferceee ote Gian 1 fee gee re oer ae aR oe care eae Sone wah fade ae Pattee eps ae farcry AR ‘by media appears to be an aifront to the concept of free and fair trial in criminal cases, apart from being a kind of contempt of court in certain cases. Analyse the impact of trial by media on the administration of criminal justice in gencral and on the stakeholders in particular. 1s fe) ‘erga mere nik 3 et ar fie eae ects 1 affine go Ss am ara anh al B, aR ret safinara tet aan genie ac eer fare eT A a A eT BN” ope ser 3 aretin 8, fs onftzeateat & aerate tier Fife, afte carrer Fifi Fe ae Red are ara eral & er eh pee ware es a ages fle 1 “Mahatma Gandhi, the Father of Nation, observed that the meaning of real freedom is not to acquire authority by few but to acquire the capacity to question the abuse of such authority.” Examine, in the light of the above statement, the obligations of the public authorities and explain whether they have discharged it effectively during the Jast about seven decades. 15 EGP DLO} 6 a BSO—S10