CS (Main) Exam, 2020 URC-B-LAW fafa (sya-ca-m1) ama: at [ sifiar siz : 250 | Awa were festa sige (oar 28. Prarie Rial a gen eras we) wei one wet EAS rel i fia Foe A we ote aA TA sateen & ga wha vet om BE sea den 1 oft § oiRerd & aon arf wed 8 8 sees ce 8 en 2a em we Gre he eT a Ae ren ear 3 fey Fre aes ses era Te wet & see seh ming mre A Pa aA ae, Fresnel ome: wares A fem en & ahe ge mer aT ETE 3B HE-AE-H (le Alo Uo) ARTF PE Te AEE ea Pen aa eR rg TE eR fireh roma ra ae aC ANE is aT PSA get & wee, ef sfgtta $, a arr ar afte wel werel Aer agar A aroha ea a fee ae weal se A oh eM a seh ae sa aT a ra Osea gar A are OR me aA we see ys Hm a pia: we ARE LAW (PAPER-II) Time 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 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 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 blanic in the Question-cum-Answer Booklet must be clearly struck off. URC-B-LAW/14 1 [P.To.que—A / SECTION—A 1. Praftftaa 3-8 wale ar eR SEPT 150 Tet F fie) oma see ws Fries ere waa att afte strord aifary, = Answer the following in about 150 words each. Support your answers with relevant legal provisions and judicial pronouncements 10x5+50 fa) RR Tee oats, Faee Rafe Ae we Tea ae ae Pea, wa ES aS wa | aes - ae wr &, He ae “eae aN’ a sara By sifran a HT RY THe Mo Ho % mits swraurel 3 wert 3 2a ACI If a person, who voluntarily consumed intoxicating liquor, commits an offence, while under the influence of such intoxication, can he plead ‘voluntary intoxication’ as a defence? Discuss in the light of relevant provisions of the IPC. (b) Rw RA AR Be A de Fa sree TA OAR Gla 8, Phone wR A wa qatt ai ae stan Tah & Gee safe BB Ml Bes eB, a ae Et ee RT ote “aac a ona im? FRA re If a woman watches or captures the image of another woman engaging in a private act in circumstances where she would usually have the expectation of not being observed by any other person, does that amount to offence of ‘voyeurism’ under the Indian Penal Code? Discuss. (9) veren ann safufian, 1988 % sivia wa ae afters & PH wed wierd A svTE % frm “afer Rg a SEGARA Me BCA AN? sere aera Aloka ate areas ora 3 wT H ‘faaa Ff) Is it mandatory to obtain previous sanction for prosecuting a public servant for offences under the Prevention of Corruption Act, 1988? Discuss in the light of relevant provisions and the decisions of the Supreme Court. (a) “are saga’ fire mats & fore fafa are Begs a ROT AE are BI” fee fae) r “public nuisance’ does not create a civil cause of action for any person.” Comment. ey “anaes eae 35 ema aA se or AS Mts es aT SHE TER TMA Se A Ay" father ett 35 yam H sare TEI “The common cases of vicarious liability relate to servant driving his vehicle in the course of employment.” Explain in the light of decided cases. URC-B-LAW/14 22. (a) wicca &e fen At oT 300 % since “ween” A afore aga fega 81 eaH a Aaa ‘are’ of ‘oft’ wey & sre afer & aie A ama oh 8 wel ay A Garon’ oA ae A eh #1 aren Fifa) The definition of ‘murder’ under Section 300 of the Indian Penal Code is very wide. It includes not only both ‘intentional’ and ‘unintentional’ causing of death but also cases where the death is not even foreseen’. Explain. 20 (o) “ft arene! saftoatts ar ord ae Gorer sera Rife arm fram # Fre orga gee . ‘or safe ste ea fen sen ae” | sath aS ware Farge Que} er fl gaa A lta mtensit a vtam Ai “The expression ‘measures of damages’ means the scale or rule by reference to which the amount of damages is to be recorded and assessed.” In the light of the above statement, examine the changing contours of damages as a tortious remedy, 15 (eo) waft sedi a afer A ati ured 34 stk 149 aTrafes ones aca BY eI ach & Ft Mf Sri alte te & wale eae #1 a 87 Though both Sections 34 and 149 of the Indian Penal Code provide for imposition of constructive criminal liability, there are substantial points of difference between the two, What are they? 18 3. (a) ARCA aa anh wm Syepe! a sa Ml go 8 AA ate aR 9 feerar & fe se waar 8, ott #, yea aia ee oA wahe Rene & otk Gale at onettaa area A a 88 ye oh FRE Ae EP a Ser | fer 3 Pe are a a A A Ter A a: 20, 25 sre 30 at a A Pate ara ae rer A oat @ a GL we aa Shea A ATTA rr Fa eR AEs one eH IRI 87 Roh EL Though the ‘capital punishment’ is not abolished in India, the recent trends show that the Supreme Court, in appeals, is inclined to modify the same and sentence the convict to life imprisonment with further direction that the ' convict must not be released from prison before he/she actually serves certain specified number of years usually 20, 25 or 30 years. Do you think the Court is justified in issuing such directions? Comment. 20 (b) site sem aie, 2019 a aera wet Sify she ae ae SeNRT ae safe, 1986 & a fi Br Critically examine the Consumer Protection Act, 2019 and distinguish it with the Consumer Protection Act, 1986. 15 ‘URC-B-LAW/14 3 [P.T.0.to) © Praia’ a and fe ew salty ama & cet Bea sea yer 8 fh ae se sree foray areca 8 Sh eh GRU fore Fiore” saan ‘ores’ een” sea Fofa fate are we wer A aren Fifa! ‘Privilege’ means that a person stands in such relation to the facts of the case that he is justified in saying or writing what would be ‘slanderous’ or ‘libellous’ in anyone else.” Explain the statement with leading case law. 4. (a) Fare AA seen “Sea dues sae aa 8, wa ae TA ae! A ‘ste a TE are SH eee BI SATE FAH Unless the ingredients of either ‘theft’ or ‘extortion’ are present, neither the offence of ‘robbery’ nor the offence of ‘dacoity’ can be made out. Explain. (o) ‘Waem tra! ste Fra fon? St AA are aA a ale EL Rae Sr IPT fica ack ferq Sh aa HRT eee HA A AM see Ahh BI Phas AT 3 warn # freed aot fie Mere proof of presence of both ‘actus reus' and ‘mens rea’ is not sufficient, the concurrence between the two also needs to be established to impose criminal liability. Elucidate in the light of case law. ops Re err me sagen & fee arse Sere ah a” at ras ea A aA ar wel Re ran Pots ae ware ge oe ar vel REL ‘The rule “Crown was not answerable for tort committed by its servant” has never been applied in India. Examine the statement in the light of the decided cases. WSe—B / SECTION—B 8. Prafaftaa #8 wee a oR aA 150 wed Haifa ores fais sree a Fela arc A aera 8 at aR ar ae Fife, Answer the following in about 150 words each. Support your answers with relevant 20 15 legal provisions and decided cases : 10x5=50 fg) “om a ars a A Mi Ae Vege ee A gore: orca Gitar aTR, 1872 % atetea wauet we fea a eS ea a Reta war A EN” Saeifes after wes 8 deiea Per wun A wear A ee eR A sore GL “Like an ordinary paper contract, an electronic contract is also primarily governed by the codified provisions of the Indian Contract Act, 1872 as applicable to contracts in general.” Explain the statement highlighting the legal provisions relating to conclusion of electronic contract. URC-B-LAW/14 4() ( (a fe) (o) Se fafaren Hach fared 3 -ara-Fioka stk ata eft siftrarer oA} aftranfan 3 Rata wal ‘Sa fafaumr sea sift, 2002 % sieria fq 7m wer she ae atzar (Rofoumo) fafa a frase fife) Discuss the access and benefit sharing (ABS) law provided under the Biodiversity Conservation Act, 2002 with special reference to adjudication of biodiversity disputes and jurisdiction of the National Green Tribunal. “ara % Sam rare 9 aARS-19 Saieeh werh @ sidtta cater yea A ween A hfe # eerda a ae A antes aa sea 81” Proiia amet A ween a =e FAL “The Supreme Court of India in public interest litigation cases relating to COVID-19 pandemic adopted a judicial policy of non-interference into the policies of the Government.” Elucidate with the help of decided cases. “ea oft attra 8 sites seat & wa sean aifiea waa A aa RN” tte iter afer, 1872 % stevia arf fatten saa aro Fe RE HHT STAT “A surety is said to be discharged from liability when his liability comes to an end.” Throw light on the statement with relevant legal provision under the Indian Contract Act, 1872 eee orga, “ator Afr Saher aaah oe Re tr argea eh 8, aoa | are A fr wit & Saka 81 Pear @ ee AU According to Anson, “Contract of insurance bears a certain superficial resemblance to wagering agreement but they are really transactions of different nature”. Elucidate. “We fh gaia a aed & PS BA qed a onfreR a sein aA a aia ee A afte vam 81" ‘ee aftiem, 1970 % arf waurl ot om Ftd me sath wea} ota A he Afr! “The grant of patent implies that patentee has a right to exclude others from using the invention.” Examine the implication of the above statement with relevant provisions of the Patent Act, 1970 and leading judgements. 20 “aig fi rere 28 goa a seit aera al eer wel se arden an arr sate sera wae ard 21” ea sates Fran % aE serene oh 8? eave Hifsra “No court will lend its aid to a man who found his cause of action upon an immoral or illegal act.” Are there any exceptions to the above-said rule? Explain. 15 URC-B-LAW/14 5 [P-To.(oy “veers, are % Pre we] mM aE eI ether EH TRA the TEVA TE goer Hea le BA” wifes we a eA ata Aig he TE TEA Ste at (daiwa) afte, 2019 8 Prema A of Seren ARI ©The parties cannot appeal against an arbitral award as to its merits and the court cannot interfere on its merits.” Critically examine the statement and also explain the highlights of the Arbitration and Conciliation (Amendment) Act, 2019. 15 7. (a) “vara Fra siren, 1881 A eT 198 wT Sy Ae are A ce AY sees Se : he Qh ae earth eer see oO gfe we 81” ala ata aE A HH A : aren Af “The objective of Section 138 of the Negotiable Instruments Act, 1881 is to promote the efficiency of banking operations and to ensure credibility in transacting business through cheques.” Explain the statement with recent amendments. 20 (o) “See aati safest % satire & eee & Ferg wh Sas shar sae Bg RI” aris er % sare wfateratteere sft, 1957 ote ea wR Favias fae 3 sieeia fies caret atc es one Peorar a Freer Frew EI “Laws are geared to protect the right to equitable remuneration but life is beyond the material.” In the light'of the above statement, dwell on the dichotomy of economic rights and moral rights under the Copyright Act, 1957 and case law on the point. 15 (oy Peta sree 3 wearer H GRA ar sire sifuhaR, 2005 % sia saa a die A TAA, ans Gacm af orate ata wath aaa & warmer 8 ay shea A Roa APC Discuss the rationale of exemption to disclosure of information endangering life and the information regarding criminal trial and criminal investigation provided under the Right to Information Act, 2005 in the light of decided cases. 15 8. (a) “wr sia, marared 3 ne sae cae re E fe kerosene oats l ah ae afta wee Beh hae BA sa a re ae A, IC se AT TAR AT fv" oan Fa fafa A cera a ea ae A ore HR “In the course of time, the courts have introduced a number of exceptions in which the rule of privity of contract does not prevent a person from enforcing a contract which has been made for his benefit but without his being a party to it” Explain the statement with the help of leading case law. 20 URC-B-LAW/14 60) “ae eer sitar oft fteant A ATEN oT ad A MP we: armen fea aa ora 1” ale ame aie wo THe Umar, 1995 % ant stk witeral sian, 2002 & site gam Sqiea #1 dal 8 gy auth ser A Pea 8 aE “The intellectual property right and competition law generally work in tandem but often become friends in disagreement.” Elucidate the above statement by referring to the mandate of the TRIPS Agreement, 1995 and its compliance under the Competition Act, 2002. 15 (aise (ahem) sftften, 1986 em wat fur 8, ot a Beret valet & dew oh UK s fore & fees suet aH aaa ate Fifka wen 81" Row ae Paxee APC “The Environment (Protection) Act, 1986 is an umbrella legislation to not only Protect and improve the environment but to prevent and control of pollution.” Comment and analyze. 15, URC-B-LAW/14 7 21BS—486