(Download) UPSC: IAS Main Optional Exam Paper, 2012 : Law Paper – II

Civil Services (Main) Exam, 2012

Optional Subjects For Main Examination
– 2012

Law Paper II

Subject: Law Paper – II

File Size: 128 KB

File Type: Zipped PDF

Section A

1. Answer the following. (Answer to each part must not exceed 150 words.)
Support your answer with the help of legal provisions and decided cases: 12 × 5
= 60

(a) “Culpable homicide is the genus and murder is species, and that all
murders are culpable homicide but not vice versa.” Discuss in the light of legal
provisions and some decided cases.
(b) “The recent Criminal Law (Amendment Bill, 2011 seeks to replace ‘rape’ by
the term ‘sexual assault’ in the IPC and intends to made rape a gender-neutral
offence in the country.” Examine whether this is appropriate.
(c) “The expression ‘good faith’ has a definite identity in the Indian Penal
Code.” Discuss.
(d) The defendant had been carrying cargo in a lorry for the plaintiff: On the
way there was heavy rainfall. The cargo was damaged by seepage due to rainwater
rising from below, while it had been securely protected by the defendant by
tarpaulin from above. The flash flood on the highway had stranded hundreds of
lorries including that of the defendant, and the water level on the highway rose
above tyres and up to the level of the platform which resulted in the see page.
However, the plaintiff claimed heavy damages from the defendant on the ground of
negligence or want of due care. Discuss whether the defendant can have any
defence in this case.
(e) “The principle of ‘res ipsa loquitur’ is an exception to the rule that it is
for the plaintiff to prove negligence of the defendant. Discuss with reference
to some cases.

2.

(a) Explain the essentials of malicious prosecution. What are
the grounds on which plaintiff can claim damages? 30
(b) Mr. X himself was driving a car and when he was hit by a mail train. The car
was smashed and Mr. X was seriously injured, and died in hospital. In an action
by the window against the Union of India, as owner of the Railway, it was
contended that the level crossing was unmanned and the gates were open. This
constituted negligence on the part of the railway. Further it was contended that
there was no contributory negligence on the part of Mr. X, the deceased, as he
could not have a look at the railway line from a distance as his view was
obstructed by some trees, etc., nor could he hear the sound of the coming mail
train while he was in the car with the engine running and the windscreen closed.
Decide the case giving your reasons. 30

3.

(a) “It is possible to support an action for nuisance as well
as of negligence on the same set of facts, however, there are certain points of
distinction between the two.” Discuss 20
(b) The accused (appellant) was separated from his wife. She was living with her
father. The accused was keeping their youngest child with someone else. During
the noon of a day, his wife took away the child from that someone. The accused,
on hearing this, reached his father-in-law’s place and quarreled. Later in the
evening of the same day, the accused stabbed his father-in-law and he died.
Discuss in the light of legal provisions whether the accused would have any
lawful defence in this case. 20
(c) The plaintiff was insured with the defendant against loss by theft. The
plaintiff advertised a watch and a ring for sale and in response, he received a
telephone call from someone who expressed interest. He called, agreed to pay the
asked price and made payment by a building society cheque and took delivery of
the times. The cheque was dishonoured. For the articles so last, a claim was
presented to the insurer under the theft policy. The insurer refused to pay
anything. Explain the rights, if any, available to the plaintiff under the
circumstances.

4.

(a) “There may be an element of abetment in a conspiracy but
conspiracy is something more than an abetment.” Discuss with illustrations. 20
(b) The accused, one of the two joint owners of a shop, put her lock on the shop
which was let out by another joint owner without the consent. The tenant charged
the accused with the offence of wrongful restraint in that he was prevented by
the lock from entering into the shop. Discuss in the light of legal provisions
whether the accused has committed the offence of wrongful restraint. 20.
(c) A contractor was given comment for construction work by the Minor Irrigation
Department of a Stake Government under a specific agreement that he would return
unused cement but instead of doing so, he sold the cement to outsiders.
Mentioning relevant legal provision, discuss what offence, it any, is committed
by the contractor. 20

Section B

5. Answer the following. (Answer to each part must not exceed 150 words.)
Support your answer with legal provisions and decided cases. 12 × 5 = 60

(a) “Undue influence is said to be a subtle species of fraud whereby mastery
is obtained over the mind of the victim by insidious approaches and seductive
artifices.” Explain.
(b) “Quasi-contract consists of the contractual obligation which is entered upon
not because the parties have consented to it, but because law does not allow a
person to have unjustified benefit at the cost of other party.” Explain the real
basis of quasi-contracts with legal provisions and illustrations.
(c) Explain with illustration when may a principal unilaterally cancel and
agency relation without incurring liability for breach of contract.
(d) Discuss the law regarding dishonour of cheque for insufficiency, etc., of
funds in the account.
(e) What are the advantages and disadvantages of Alternative Dispute Resolution
System?

6.

(a) “An irrational distrust of all standard form contract would be as
dangerous as a facile acceptance and enforcement of these contracts.” Discuss.
30
(b) Briefly explain the meaning, scope and applicability of the doctrine of
frustration under the law of contract. 30

7.

(a) Under what circumstance ‘breach of condition’ may be treaded as ‘breach
of warranty’ under the Sale of Goods Act? Discuss. 30
(b) “Public interest litigation s not in the nature of adversary litigation but
it is a challenge and its officers to make basic human rights meaningful to the
deprived and vulnerable sections of community to assure them social and economic
justice which is the signature tune of our Constitution.” Discuss 30

8.

(a) “During high publicity court cases, the media are often
accused of provoking an atmosphere of public hysteria akin to a lynch mob which
not only makes a fair trial nearly impossible but means that regardless of the
result of the trial the accused will not be able to live the rest of his life
without intense public scrutiny.” How would you reconcile the ‘freedom of the
press’ and the “individual’s right to privacy and right to a fair trial”? Do you
think that trial by media amounts to “contempt of court” and needs to be
punished? 20
(b) A television was displayed on a Web site owned by XYZ Distributors for sale
at a price of Rs. 79.99. Hundreds of customers ordered the television but the
retailer refused to fill the orders on the ground that they had been incorrectly
priced by mistake. The correct price was Rs. 7,999. Explain the liability, if
any, arising out of the above-mentioned communications. Give reasons. 20
(c) In a correct between A and B, security deposit was taken by A from B to
ensure due performance of the contract. B committed default in performance
though no actual loss had arisen. A forfeited the deposit for fault of B. B
claimed that forfeiture of deposit is not valid in law. How would you decide?
Give reasons. 20

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