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    4 views8 pages

    LAW2

    Uploaded by

    Vineet Dubey

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    fafa / LAW ea-aa II / Paper II Pratt are : aa ae STA FH : 250 Time Allowed : Three Hours Maximum Marks : 250 srpa-ua t fore faftre arqzar gore wpa & sa Ba a we Prerierhear eden Agee wh eaTT ya TE: 3ah ore wer 8 ott at eaust H fanfare & 7 edt ait att Gat F HF & | whenrett wt get The Wet & FoR a4 | yer dem 1 ait & oiftart & aor aA 8 wed Gwe a aH-a-wH Yew WET GTA Perse tT weal & see Gifere | wieder WPA /aT H oie see TAP fee TES | pat & sae set area F tere ard ae freer ag@ arr yasr-9a F fear TAT 8, sik FT FAH BT UNS TBS We-aE-T (TALL,) oeror % Fas wT ails Flee ead wR fear wren alee 1 aipgferer rere orfeittcn arr faved aver F fera me Fae He BIE aT FEF Pict | weal F meg dia, wel AAA 8, a1 sigan fen ara ae | weal & aad A rover aeargern A ree | ae aareT ART Bl, at MRA Fee A TOT TE Te ae Fee BRT FRAT TT BY | TEA AE-TH RIHT F ATCA GST BS YO A TH GT Hh CE BY A rel APA TMBE | 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. Questions no. 1 and 5 are compulsory and out of the remaining, any THREE are to be attempted choosing at least ONE 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 blank in the Question-cum-Answer Booklet must be clearly struck off. M-ESC-D-LAW a Wea SECTION A Qi. Fafefaa sete at sat cee 150 wedi F Are | afres wai @ =n Rotat Magra @ area see ar ae Ate | Answer the following in about 150 words each. Support your answer with legal provisions and judicial pronouncements. (a) (b) © @ (e) “arts afica bt amt & faker 4 fats amit & aq, tan a aia © fear aed 21” ere seat af sraaftrs aa-feifa A agafeats & vert 7 a mer ar Udaro ifsc | “In determining the quantum of criminal liability, the law takes into account the motive, magnitude and character of the offender.” Examine this statement in the light of absence of mens rea in statutory offences. “greran fare afta, 1988, ce dant a arr onftentes erat 3 geri wa gor eet a teat 8 1” Rowh Fre | “The Prevention of Corruption Act, 1988 prevents the public servants from misuse and abuse of their official capacity.” Comment. “soft grea 4 aed atica & fam Fart aftada aren 3 1? Rawk Afr 1 “No fault liability rule has undergone a drastic change in the recent past.” Comment. “al & ae Seaw @ o a, guts (2s) sgt wet a aaa | divas % wera, art wt ae fig wer snares gat @ fe sear after gage a fern sete a aesnfsa spre % gor ar 1” ero Are | “Malice is not to be inferred merely from the acquittal of the plaintiff. The plaintiff must prove independently of the acquittal that his prosecution was malicious and without reasonable and probable cause.” Comment. afr da (eit aia) & fas aad a, ae vfser afer (sien) afafram, 2005 sr aareieaTers weer =iee | Critically examine the Code of Criminal Procedure (Amendment) Act, 2005 especially with reference to plea bargaining. M-GSC-D-LAW 2 10x5=50 10 10 10 10 10 Q2. Q3. (a) (b) © (@) (b) © “cage @ waftia wda. A am 124A, wet dH aR & faeg dact guiensit at eftea aah 8, afew & ofteredia @ | ae Hyesq 19(1)(a) aT Tet aaa oi arate cea we safer werd @ cer cifset % age 19(2)H ore “ites ora & fea 4” A srefeaa ae 8 1” evwht ifs | “Section 124A of the IPC dealing with sedition is ultra-vires of the Constitution insofar as it seeks to punish merely bad feelings against the Government. It is an unreasonable restriction on freedom of speech and expression guaranteed under Article 19(1)(a) and is not saved under Article 19(2) of the Constitution by the expression “in the interest of public order”.” Comment. “auaftre ama au, afe fiat qeitsa &, ander a street starr ers F afta a, dae en a 2” om Poles ff are ga Set eT oreo adam Sif | “Culpable homicide is not murder, if if is committed without premeditation, in a sudden fight in the heat of passion.” Critically examine the statement with leading case law. “Sg cafe aafsa caer a taut @ faftad a a faftrad ere fae Te fafteel ard orga a arrare (orate) aRonit a fore snaftes er a fartar wai dar 8 1” ee Athi | “A man is not criminally responsible for unintended and unknown consequences of his lawful acts performed in a lawful manner, by lawful means with proper care and caution.” Elucidate. “Gran 3 wer Hag ah, 7 at Ares eae ae | ate a at area |” geht ufetnsit afea caren Fife | “Harm suffered voluntarily does not constitute a legal injury and is not actionable.” Elaborate along with its limitations. “aig fix th, aeraartt ar dten ares wea arava vei eat a a AT affeafaat & sa santa fer or apa 8 1” Pobal & eer wfaean wre Fifse | “Direct evidence of negligence, however, is not always necessary and the same may be inferred from the circumstances of the case.” Elucidate with cases. “ard St OA ara ait gr ale Her BH Sas eral THe GEM, a ae frels 2 fe vitardt arrears Her at ata wR CL He ST STITT Tae AT ar 3a art & aferca 8 sara a 1” Polar fate @ ease Sifsre | “It is immaterial whether the defendant intended the defamatory statement to apply to the plaintiff or knew of the plaintiffs existence if the statement might reasonably be undersluod by those who knew the plaintiff, to refer to him.” Elucidate with case law. M-ESC-D-LAW g 20 15 15 20 15 15 (a) (b) © ‘Suite Gem afitiaa, 1986 % sae acreia watta Peet arr Br maert % faite a 7 fe se oedor Fait 1” sa ae ar area eter ATT | “Provisions of the Consumer Protection Act, 1986 shall be in addition to and not in derogation of the provisions of any other law for the time being in force.” Critically examine the statement. “cea ol ae sar areft fater a eva Re SA A ada afte ou de wT @, Sh reat & aalser @ orca at sieht 2 1” caren ifs, | “The law making conspiracy a crime is designed to curb immoderate power to do mischief which is gained by a combination of the means.” Explain. ‘cafe a ae we Ge aaa ea 3, ae ae arate SRM Ff a a fot ut 4 a, tae Fa, a cites art H sae exter & ger at 1” ofas ferftr ft aera a Fa sta a ere Sift | “Every confinement of the person is an imprisonment, whether it be in a common prison or in a private house, or in the stocks or even by forcibly detaining one in the public streets.” Explain with the help of case law. 15 15 20 wes SECTION B Qs. Rafter wae at se era 150 edt F cise sage faftrs soaret sit safe Rotat ft warrant S arat sae wer area AAT | Answer tho following in about 150 words each. Support your answer with relevant legal provisions and decided cases. @ (b) © (d)

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