Exam Details

Subject law
Paper paper 2
Exam / Course mcscc
Department
Organization manipur public service commission
Position
Exam Date 2010
City, State manipur,


Question Paper

LAW a

PAPER-II

Time Allowed Three hours Maximum Marks 300
The figures in the margin indicate full marks for the questions
Answer Question Nos: 1 and 5 which are compulsory and three of the remaining questions, selecting at least one from each Section
SECTION-A
1. Answer any-three of the following (answer to each question must not exceed 200 words) 20x3=60

There are certain general defences which apply in every tort. Write about them. Whether there are different defences apart from above in case of defamation? Elucidate your answer fully.


What is_ an 'unlawful assembly' as defined in Indian Penal Code? Assess the criminal liability, whenever force or violence is used, by any member of armed forces thereof. Distinguish between 'common intention and common object.


Illustrate the factors be considered for ascertaining the availability or nonavailability of right of private defence in cases of both body and property.


Narrate the doctrine of contributory negligence stating defence of it. Also explain contributory negligence of the children bringing out position of law in England.


2. Describe the offences relating to marriage as envisaged in IPC with judicial decision. Explain the provisi<?ns introduced in the Code of Criminal Law (Amendment) Act, 1983 to the menace of dowry death. Whether present law is inadequate? Suggest suitably. 30
Explain the offences against State. Whether terrorism is defined in IPC? Apart from existing legislations, whether further enactment is required to deal with the situation arising in the present-day society from terroristS? Critically examine'. 30
[P.T.O.
3. Derme attempt. Whether attempt is punishable? What does constitute crime and what are different stages of crime? Point out the difference of offence and crime with suitable illustrations. 30
Critically analyse the doctrine of vicarious liability. Discuss the vicarious liability of Government for the acts committed by its servant. Also highlight if there is any liability for criminal act. ." 30
4. Who is consumer and what do you mean by deficiency in service? Discuss how, when and under what circumstances, a consumer/complainant can file complaint for the same. Discuss the authorities constituted for redressal of grievances under the provisions of the Consumer Protection Act. 30
Write critically on the following: 15x2=30

Prote.ction of the CiVil Rights Act, 1955


Prevention of the Corruption Act, 1988


SECTION-B
5. Answer any three of the following (answer to each question must not exceed 200 words) 20x3=60
What are different kinds of agreement deolared void by the Indhm Contract Act, 1872? Explain them briefly with suitable illustrations.

Explain the terms 'performance' and 'discharge' in the area of contract. What are the modes of discharging contract? Is there any remedy for anticipatory breach of contract? Discuss,


"Proposal and acceptance are the foremost for formation of contract." Explain the above statement. How can an offer be accepted and revoked? Discuss fully citing judicial decisions.


How is. an agent appointed? Whether consideration is required for creation of an agency? Explain different modes of appointment of an agent and its ratification.


6. Indian Contract Act has not defined tpe term 'quasi-contract' but certain resembling obligations. Discuss, with its essentials, fully for enforcement. 30
What do you understand by the terms and ,contracts? Discuss the rights and obligations of pwties to a void contract and a voidable contract after its rescission. Whether there is any leg&! force of illegal contracts? Explain with judicial.decisions. 30
/24 2
7. ."The receipt by a person of a share of profits of a blsiness or of a payment contingent upon the earning of profits or varying with profits earned by a business, does-not itself make him a partner with the persons carrying on the business."
Elucidate the statement and state the mode of determining existence of a partnership. 30
Critically examine the importance of the Negotiable Instruments Act, 18'81 in present-day scenario. 30

8. What do you mean by 'alternative dispute resolution? Discuss the advantages and efficacy of ADR system. By incorporating the provision in Civil Procedure Code, the system has advanced in justice delivery system in present day. Put forth your suggestions. 30
Define 'foreign award'. What are the characteristics of foreign award? Distinguish between foreign award and domestic award. Whether, in execution of foreign award, the interest pendente life and future interest are applicable? If so, state the periods of such application. 30



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