Exam Details

Subject law
Paper
Exam / Course mains
Department
Organization Karnataka Public Service Commission
Position
Exam Date 2006
City, State karnataka,


Question Paper

111/1
2006
LAW
Paper 1
Tinu' 8 Hours I Maximum Mar!?s 300

INSTRUCTIONS
Each questum is printed hoth in En!!lish and in Kannada.
Answers mllst he written in the medium speciji:ed (English or Kannad(.J) the Admission Tichet issued to which must he stated clearly on the cover of the answer book in the space provided (or this purpose. No credit will be given for the answers written in a medium other than that specified in the Admission Ticket. In ease of any doubt in the Kannada text, please refe,. to text.
This paper has (our parts:
A 20 marks
B 100 marks
C 90 marks
D 90 marks

JIar!?s a!lolled to each question are indicated in each part.
All questions in Part Part B and Part are compulsory. Answer ally three questions in Part D.
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12) PART A
each question l:n about 50 words. Each question carnes
1. Explain the t'tmdanwntal postulates Natural ,Justice.
Discuss briefly the impact of the Proclamation of Emergency on
Fundamental Rights.


What is meant by 'Law-making treaty' Explain brieQy.


State the functions and powers of the General Assembly uf the United N atioJls.


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11/1 41 PARTB

Answer each question in about 100 words. Each question carnes 10 marks.
2.
Explain the definition uf for the purpose of implementation of the Directive Principles of State Policy.

3.
Explain the restrictions on the 'Doctrine of Pleasure' under the Indian Constitution.

4.
Discuss the concept of 'due process of State its influence and impact on Article 21 of the Constitution.

5.
""'Trite a note on judicial and legislative controls on delegated legislation.

6.
Explain the scope of the jurisdiction of the Supreme Court under Article 136 (Special leave to appeal) of the Indian Constitution.

7.
Write a note on 'Acquiring territory by prescription'.

8.
Explain briefly the different ways of peaceful settlement of disput.es.

9.
"The injured subject's only right is to claim through his State, as against the State rosponsible." -Elucidate.

10.
How arc treaties terminated?

11.
Explain the general principles of law recognised by civilised nations to deal with new situations in International Law.


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11/1 (6I
PART C 6x15=90
Anl:>wer each question In uhnut 150 umrds. Each question carnes 16 marks.
12. 'Indian Constitution s quasi-federa1.' -Elucidate.
Parhamcnt made a law with respect to onc of the nntries in List nI, VII Schedule. A State in view of the peculiar existing in the State, wants to amend the law made by the Parliament. Discuss the constitutional procedure, if any, to be followed.
13. Discuss the Fundarnental Rights of an accused under the Indian Constitution.
Mr. X was accused of committing an offence forg"cry. He was in possessIOn of a document which contained his signature. The honounlble court ordered production of such document for the purpose of comparison of his signature. Does this violate any of the righLfl the accused? Decide, giving reasons.
14. Distinguish between writ jurisdiction under Article 32 and Artide 226 of the Constitutiun.
::lr. contested for the post of President of India. was defeated by by an overwhelming majority of votes. Aggrieved by the election result, 1-lr. X filed an Election Petition, in the High Court of Delhi, challenging the election of on several grounds. Before the parties arc heard, would you like to raise any valid preliminary objections to the petition? Give your reasoned arguments.
15. Explain the Monistic theory relating to International Law and ?vlunicipal Law.
A }'rench steamer was involved in a collision on the high seas with a Turkish collier. The latter vessel sank and eight persuns died elf> a result. The Turkish authorities arrested the French officer, re:"ponsihle for the collision, when the ship reached a Turkish port. The French officer was charged with manslaughter. France protested strongly against this action, alleging that Turkey did not have the jurisdiction to try the offence. Decide, stating the grounds for your decision.

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16. Vhat is meant by 'State Succession'
The Sultan of Johorc, while staying III Great Britain, assumed the name of Albert Baker. The Sultan became friendly with 1-'1iss Mighell and later promised to marry her, but failed. So, Miss Mighcll sued him for breach of promise of marriage, claiming damages. State whether British courts have jurisdiction to try the case.
17. What is meant by 'Piracy' What are the essential ingredients of an act of piracy
Meunier was an anarchist. The party with which he identified himself was the enemy of all governments. Meunier had caused explosions in a Paris cafe and in army barracks. Later, he fled to England. The French Government demanded his extradition, on the abo'e charges, from Great Britain. Meunier set up the plea that no extradition can be claimed for political offences. Decide, giving reasons, whether he can be extradited.

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11/1 10)
PARTD 8x80=90
Answer any three of the following questions, each in about 300 words. Each questIOn carries 30 marks.
18.
DiscuRs the scapp and content of 'protective discrimination' under Article of the Constitution of India, in the light of judicial pronouncements of the Supreme Court of India.

19.
Discuss the features of the Parliamentary form of Government as enunciated in the Constitution of India.

20.
Critically examine the diverse modes of amendments contemplated under the Constitution of India. Are there any limits to the amending process of the Constitution?

21.
Elucidate the extent of jurisdiction which a State exercises.

22.
What IS meant by 'recognition of States' When does it arise? State the theories relating to this.



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111/2 I
2006
LAW
Paper 2
Hours] I MaxinuuTi Marks: 300

INSTRUCTIONS
Each question printed both in English and in Kannada.
Answers must be written in the medium specified (English or KannadaJ in the Admission Ticket issued to you, which must be stated clearly on the cover of the answer book in the space provided fur this purpose. No credit will be given for the answers written in a medium other than that specified in the Admission Tiche!. In case of any doubt in the Kannada text, please refer to English text.
paper has t'our parts:
A 20 marks
B 100 marks
C 90 marks
D 90 marks

Marks allotted to each question are indicated in each part.
All questions in Part Part B and Part C are compulsory. Answer any three questions in Part D.

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PART A 4x5=20 Answer each question in about 50 words. Each question carries 5 marhs.
1. How has the Indian Penal Code provided for the requirement of mens rea in the offences stated in the Indian Penal Code?

Explaln what constitutes 'Publication' for the tort of defamation. (el State the difference between and 'Voidable' agreements.


Explain briefly the definition of 'Promissory


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PART B
Answer each question rn about 100 words. Each question carnes 10 marks,
2.
A doctor, after examining the patient, tells him that he will not live beyond one week. The patient dies as a result of hearing the doctor. The doctor is prosecuted for the death. Decide, b>1ving reasons.

3.
X promises to hire his lorry for one month, from August 1 to August 31, 2006 to an election candidate. But, on July X tells Y that he will not provide the lorry. Y sues X for breach of contract on August 2006. But, on .July 25, the Election Commissioner, by virtue of his statutory authority, requisitions for election purposes, all lorries, including that of

X. Decide, if Y can succeed. Will X have any defence?

4.
Due to heavy rams, the footpath fin the compound of leading to the house of M had become slippery. The postman, while walking carefully on this slippery path, fell down and sustained severe injuries. The postman had come to deliver a registered letter addressed to M. The postman sues M for damages. M denies his liability. Decide, giving reasons.

5.
P has entrusted a golden ring to a mercantile agent, authorising him to sell it, for cash only, to any person who offers Us. 5,000 and above. A pledges the ring to B for Rs. 4,000. P is very much annoyed with A. P wants to sue B and claim the ring. Will he succeed Give reasons for your answer.



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Om sold. his car for Rs. 50,000 to Prakash. Prakash gave Om a cheque for the amount. The cheque was dishonoured when presented to the Bank. But, in the meantime, Prakash sold the same car to Pradeep for Rs. 40,000 and collected cash. Om, not having received the money, complained to the Police and also sued Pradecp for the recovery of the car or for Rs. 50,000. Decide, giving reasons, as to who is entitled to the car.

7.
An Italian was travelling: OIl an Indian ship. He murdered an Australian passenger, when the ship was anchored within the territorial waters of Great Britain. Later on, the Italian was traced in Trivandrum. Indian officials want to prosecute Jlirn in Trivandrum courts. Is it possible? Decide, giving reasons. Can the Indian Penal Code be made applicable to a foreigner?

8.
X purchased from Y a machine for Rs. 5 lakhs. As per the contract. Y was to erect and commission the machine, for which an additional charge of Rs. 20,000 was to be paid. Y having failed to supply and commission the machine, X approaches the Consumer Forum for relief. Y challenges the jurisdiction of the Consumer Forum. Decide, stating your reasons for your decision.

9.
A Ministet's daughter was getting married. A friend of the Minister was seeking a favour from the Minister. He gave a brand new car, worth Rs. 8 lakhs to the bride on the occasion of the marriage. Is it a bribe or Does this constitute under the Dowry Prohibition Act. 1961

10.
On the ground of untouchability, a Harijan, has not been allowed access to a place of public entertainment. A complaint is filed. But, the investigating officer neglects investigating the complaint. Does this bring about any liability under the Protection of Civil Rights Act, 1955



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11. Mani had sent milk in cans to Shankar by bus. As per practice, Shankar had to test the milk before accepting it. But, before it was tested and accepted, the Food Inspector took a sample of the milk. The milk was found adulterated. Shankar is prosecuted for selling adulterated milk, under the Prevention of Adulteration Act, 1954. Is he liable?
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11/2 (10
PART C


Answer each question m about 150 words. Each question carnes 15 marks.
12.
When will 'Culpable homicide' constitute Murder? Illustrate.

13.
"When will an act or its omission constitute a tort of negligence Give examples.

14.
In some situations, parties having not made a contract, the law implies a contract, between them. Briefly explain these .'lituations, which become enforceable by law.

15.
What is meant by 'Restrictive Trade Practice' under the llonopolies and Restrictive Trade Practices Act, 1969 Explain any two restrictive trade practices permitted to be continued by the Act.

16.
Explain the rights of an Agent against his Principal.

17.
Explain the Banker-Customer relationship.



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PART D :Jx:JO=90
Answer any three of the following questions, each m about 300 words. Each question carries 30 marks.
18.
Explain the ingredients required to constitute an offence of robbery. A and B hold M. C puts his hand in pockets and picks up his mobilo

phone. After making tWD calls froID the phone, it is returned to 1.-1. lIas any offence been committed?

19.
When does the vicarious liability for torts committed by another arise Answer with the help of decided cases.


HospItal authorities invite a famous surgeon to operate upon an inpatient. Surgery is neghgently done. The patient wants to sue the hospital authorities. The hospital says that the surgoon is not its employee. Decide, stating reasons.
20.
Discuss the law relating to mInor's agreement. Refer to statutory

provisions and decided cases.
A minor borrows money to purchase necessaries for him. Can the loan
advanced by the money-lender be recovered?


21.
When does property in the goods sold, under the Sale of Goods Act, pass

to the buyer?
Goods are delivered by A to B on 'Sale or Return' basis. B delivers these
goods to on similar terms. in turn, hands them to D. D loses them.
Can A recover the price from C or D State your reasons.


22.
State the different modes of dissolution of a firm. After dissolution, who


can use the goodwill of the firm
A Hindu Undivided Family is carrying on family business of
manufacturing and selling sarees. The karta of the family dies. Is there
dissolution of the HUF Give reasons for your answer.

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